From Casetext: Smarter Legal Research

People v. Merchant

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 580 (N.Y. App. Div. 2001)

Opinion

Argued September 17, 2001.

October 15, 2001.

Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered June 29, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ernest J. Peace, Mineola, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N Y (Karen Wigle Weiss, Douglas Noll, and Alexis Kriedman of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the evidence was legally insufficient to establish his guilt of murder in the second degree based upon a theory of depraved indifference (see, CPL 470.05; People v. Stahl, 53 N.Y.2d 1048, 1050). 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 was 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 was not against the weight of the evidence (see, CPL 470.15; People v. Gaimari, 176 N.Y. 84, 94; People v. Garafolo, 44 A.D.2d 86, 88).

BRACKEN, P.J., LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.


Summaries of

People v. Merchant

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 580 (N.Y. App. Div. 2001)
Case details for

People v. Merchant

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RAYMOND MERCHANT, appellant

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

Date published: Oct 15, 2001

Citations

287 A.D.2d 580 (N.Y. App. Div. 2001)
731 N.Y.S.2d 655

Citing Cases

People v. Merchant

Raymond Merchant, Wallkill, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy…

People v. Merchant

DECISION & ORDER ON MOTIONMotion by the appellant for leave to reargue his application for a writ of error…