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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)

Opinion

Argued September 11, 2000

October 2, 2000.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Gary, J.), rendered August 7, 1997, convicting him of attempted assault in the second degree, reckless endangerment in the first degree, and criminal possession of a weapon in the second degree under Indictment No. 14177/96, upon a jury verdict, and imposing sentence, (2) an amended judgment of the same court, also rendered August 7, 1997, revoking a sentence of probation previously imposed by the same court (Coffinas, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a controlled substance in the fourth degree under Indictment No. 11584/91, and (3) a resentence of the same court (Gary, J.), imposed September 17, 1997.

M. Sue Wycoff, New York, N.Y. (Angela Badamo and Rosali Vazquez of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, Seth M. Lieberman, Michael T. Lee, and Morgan Dennehy of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment, amended judgment, and resentence are affirmed.

The defendant has not preserved for appellate review his claim that the evidence was legally insufficient to establish the offenses for which he was convicted (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). 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. Furthermore, 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 defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. TISLAM MOORE, A/K/A ARKEN DEBERRY…

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 499 (N.Y. App. Div. 2000)
714 N.Y.S.2d 684