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People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 448 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his guilt was proven beyond a reasonable doubt. 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).

Further, the court properly rejected the defendant's request to charge the jury on the lesser included offense of attempted larceny. No reasonable view of the evidence presented at trial supported such a charge (see, People v. Robinson, 60 N.Y.2d 982; People v. Olivo, 52 N.Y.2d 309).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Miller, J.P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 448 (N.Y. App. Div. 1994)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORRAND MITCHELL…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 448 (N.Y. App. Div. 1994)
609 N.Y.S.2d 851

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