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People v. Rene

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 374 (N.Y. App. Div. 1998)

Summary

affirming convictions

Summary of this case from RENE v. JABLONSKI

Opinion

October 13, 1998

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


Ordered that the judgment is affirmed.

The defendant's legal sufficiency claims are unpreserved for appellate review, as his motion for a trial order of dismissal was not specific ( see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; 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.

Further, as the People introduced a certified record of conviction indicating that the defendant had been previously convicted of a felony, in addition to a certified copy of the Police Department's fingerprint comparison record attesting to the fact that the person named in that certified record of conviction was in fact the same defendant who appeared before the court for sentencing in the instant case, the People provided the court with presumptive evidence that the defendant was a prior felony offender (see, CPL 60.60; People v. Mezon, 228 A.D.2d 621).

Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.


Summaries of

People v. Rene

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 374 (N.Y. App. Div. 1998)

affirming convictions

Summary of this case from RENE v. JABLONSKI
Case details for

People v. Rene

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RENE, Appellant

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 374 (N.Y. App. Div. 1998)
678 N.Y.S.2d 533

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