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People v. Millan

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 620 (N.Y. App. Div. 2000)

Opinion

Argued March 14, 2000.

April 20, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered July 3, 1997, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Allen Fallek of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 ( CPL 470.15[5]).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05[2]; People v. Antonio, 255 A.D.2d 449 ), and in any event, is without merit.


Summaries of

People v. Millan

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 620 (N.Y. App. Div. 2000)
Case details for

People v. Millan

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EDWARDO E. MILLAN, appellant. (Ind. No…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 620 (N.Y. App. Div. 2000)
707 N.Y.S.2d 842