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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 705 (N.Y. App. Div. 1993)

Opinion

May 10, 1993

Appeal from the County Court, Nassau County (O'Shaughnessy, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence produced by the People was legally insufficient to sustain the conviction is unpreserved for appellate review (see, CPL 470.05; People v Padro, 75 N.Y.2d 820, 821; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (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 (see, People v Stokes, 173 A.D.2d 510; People v Pearson, 170 A.D.2d 889). 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). Mangano, P.J., Thompson, Balletta and Joy, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 705 (N.Y. App. Div. 1993)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN RIVERA, Appellant

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

Date published: May 10, 1993

Citations

193 A.D.2d 705 (N.Y. App. Div. 1993)
598 N.Y.S.2d 976