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People v. Riolo

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 607 (N.Y. App. Div. 2002)

Opinion

1997-02408

Submitted September 27, 2002.

October 28, 2002.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 5, 1997, convicting him of rape in the first degree, rape in the third degree, sodomy in the third degree, sexual abuse in the second degree, sexual abuse in the third degree (four counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, SANDRA L. TOWNES, 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 sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85-86).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., O'BRIEN, McGINITY and TOWNES, JJ., concur.


Summaries of

People v. Riolo

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 607 (N.Y. App. Div. 2002)
Case details for

People v. Riolo

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JACK RIOLO, appellant

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

Date published: Oct 28, 2002

Citations

298 A.D.2d 607 (N.Y. App. Div. 2002)
748 N.Y.S.2d 693