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People v. Mitchiner

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 399 (N.Y. App. Div. 2000)

Opinion

Argued October 20, 2000.

November 21, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 30, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard A. Getzler of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, HOWARD MILLER, ROBERT W. SCHMIDT, 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 (see, People v. Williams, 84 N.Y.2d 925, 926). 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).

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

The defendant's remaining contentions are either without merit or do not require reversal.


Summaries of

People v. Mitchiner

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 399 (N.Y. App. Div. 2000)
Case details for

People v. Mitchiner

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. NATHANIEL MITCHINER, APPELLANT

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

Date published: Nov 21, 2000

Citations

277 A.D.2d 399 (N.Y. App. Div. 2000)
716 N.Y.S.2d 885