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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 669 (N.Y. App. Div. 1987)

Opinion

December 14, 1987

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


Ordered that the judgment is affirmed.

We find that the evidence presented at trial was legally sufficient to sustain the judgment of conviction. Specifically, we note that the testimony of the warehouse manager, as supported by that of a supervisor of the operations and the arresting officer, established that the defendant and his accomplice were in the warehouse opening cartons and removing items therefrom immediately prior to their apprehension. The jury could reasonably have concluded from this testimony that the defendant possessed the requisite intent to commit the crimes of which he was convicted. Upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

We further conclude that the Sandoval ruling, in which the trial court permitted the prosecutrix to question the defendant in regard to two prior convictions without specifying the nature of the offenses or the facts underlying the convictions, did not constitute an abuse of discretion (cf., People v Lyons, 115 A.D.2d 766).

We have examined the remainder of the defendant's contentions on appeal and find them to be either unpreserved for appellate review or without merit. Brown, J.P., Weinstein, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 669 (N.Y. App. Div. 1987)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND RIVERA…

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

Date published: Dec 14, 1987

Citations

135 A.D.2d 669 (N.Y. App. Div. 1987)

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