From Casetext: Smarter Legal Research

People v. Pina

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 421 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the County Court, Nassau County (Kowtna, J.).


Ordered that the judgment is affirmed.

The court properly denied those branches of the defendant's omnibus motion which were to suppress the defendant's post-arrest statements to the police, as the police had probable cause to arrest him ( see, People v. Bigelow, 66 N.Y.2d 417, 423).

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. 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 defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Mangano, P.J., Copertino, Thompson and McGinity, JJ., concur.


Summaries of

People v. Pina

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 421 (N.Y. App. Div. 1998)
Case details for

People v. Pina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS PINA, Appellant

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 421 (N.Y. App. Div. 1998)
670 N.Y.S.2d 786

Citing Cases

Pina v. Kuhlmann

On April 13, 1998, the Appellate Division affirmed Pina's conviction, finding that: (1) the police had…