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People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 664 (N.Y. App. Div. 1987)

Opinion

December 14, 1987

Appeal from the Supreme Court, Kings County (O'Brien, J.).


Ordered that the judgment is affirmed.

The evidence, when viewed in a light most favorable to the People, was legally sufficient to support the defendant's conviction of criminal possession of a weapon in the third degree (see, People v Lewis, 64 N.Y.2d 1111). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). The credibility of the police officer's testimony was a matter reserved for the jury and its determination should not be lightly overturned (see, People v Gruttola, 43 N.Y.2d 116; People v Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133).

We have considered the defendant's remaining contentions and find them to be either without merit or unpreserved for appellate review. Mollen, P.J., Lawrence, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 664 (N.Y. App. Div. 1987)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ORTIZ, Also…

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

Date published: Dec 14, 1987

Citations

135 A.D.2d 664 (N.Y. App. Div. 1987)

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