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People v. McLean

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 401 (N.Y. App. Div. 1996)

Opinion

July 1, 1996

Appeal from the County Court, Westchester County (Angiollillo, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence is not legally sufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v. Barrett, 166 A.D.2d 657, 658; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

The defendant's sentence is not excessive ( see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Santucci, Joy and Hart, JJ., concur.


Summaries of

People v. McLean

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 401 (N.Y. App. Div. 1996)
Case details for

People v. McLean

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY F. McLEAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1996

Citations

229 A.D.2d 401 (N.Y. App. Div. 1996)
644 N.Y.S.2d 651