From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 597 (N.Y. App. Div. 1998)

Opinion

December 28, 1998

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgments are affirmed.

The defendant's motions under Indictment No. 95081 for a trial order of dismissal were not specific enough to preserve the issue of the legal sufficiency of the evidence for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence adduced under that indictment 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).

We have reviewed the record under Superior Court Information No. 99902 and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel under that Superior Court Information is granted ( see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606).

Bracken, J. P., Copertino, Thompson and McGinity, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 597 (N.Y. App. Div. 1998)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RODRIGUEZ…

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

Date published: Dec 28, 1998

Citations

256 A.D.2d 597 (N.Y. App. Div. 1998)
682 N.Y.S.2d 884

Citing Cases

People v. Rodriguez

DECISION ORDER Application by the appellant for a writ of error coram nobis to vacate, on the ground of…