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People v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 538 (N.Y. App. Div. 1987)

Opinion

November 23, 1987

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


Ordered that the judgment is affirmed.

The evidence adduced at trial, when viewed in a light most favorable to the People, was legally sufficient to support the defendant's conviction (see, People v. Lewis, 64 N.Y.2d 1111; People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). The jury was in the best position to assess the credibility of the witnesses at trial and its resolution on this issue will generally not be disturbed (see, People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).

Although the defendant has raised challenges to several of the trial court's rulings and to the prosecutor's remarks in the course of his opening statement and summation, we find that the claimed errors are either not properly preserved for our review or are without any merit.

The sentencing court's determination in this case was neither inconsistent with sound sentencing principles nor inappropriate (see, People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Weinstein, Kooper and Harwood, JJ., concur.


Summaries of

People v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 538 (N.Y. App. Div. 1987)
Case details for

People v. Richardson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RICHARDSON…

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

Date published: Nov 23, 1987

Citations

134 A.D.2d 538 (N.Y. App. Div. 1987)