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People v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 529 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Supreme Court, Kings County (Barasch, J.).


Ordered that the judgments are affirmed.

The defendant's motion for a trial order of dismissal was not specific enough to preserve for appellate review the issue of the legal sufficiency of the evidence (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 (see, People v Harvey, 175 A.D.2d 138; see also, People v Windley, 78 A.D.2d 55). 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, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (cf., People v Clark, 45 N.Y.2d 432). Miller, J.P., O'Brien, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 529 (N.Y. App. Div. 1995)
Case details for

People v. Morgan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEVON MORGAN, Appellant

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 529 (N.Y. App. Div. 1995)
635 N.Y.S.2d 536