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People v. Restivo

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 542 (N.Y. App. Div. 2003)

Opinion

2002-05540.

Decided December 8, 2003.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered June 6, 2002, convicting him of murder in the second degree (three counts), robbery in the first degree, burglary in the first degree, and intimidating a witness in the third degree, upon a jury verdict, and imposing sentence.

Philip H. Schnabel, Chester, N.Y., for appellant.

Francis D. Phillips II, District Attorney, (Daniel M. Reback of counsel), for respondent.

Before: ILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 remaining contentions either are unpreserved for appellate review or without merit.

RITTER, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.


Summaries of

People v. Restivo

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 542 (N.Y. App. Div. 2003)
Case details for

People v. Restivo

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JON R. RESTIVO, a/k/a JOHN R. RESTIVO…

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

Date published: Dec 8, 2003

Citations

2 A.D.3d 542 (N.Y. App. Div. 2003)
767 N.Y.S.2d 912