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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1991
175 A.D.2d 142 (N.Y. App. Div. 1991)

Opinion

July 1, 1991

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in a light most favorable to the People (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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's contention that the court failed to consider his family history in sentencing him as a persistent felony offender is without merit. The record clearly indicates that the court properly took into account all relevant factors and evidence required by CPL 400.20 (see, People v Oliver, 96 A.D.2d 1104, affd 63 N.Y.2d 973). Bracken, J.P., Eiber, Miller and Ritter, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1991
175 A.D.2d 142 (N.Y. App. Div. 1991)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD MOORE, Appellant

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

Date published: Jul 1, 1991

Citations

175 A.D.2d 142 (N.Y. App. Div. 1991)
572 N.Y.S.2d 32