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People v. Rose

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 685 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

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


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt is not preserved for appellate review (see, CPL 470.05; People v. Padro, 75 N.Y.2d 820). In any event, 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 ( see, People v. Royall, 172 A.D.2d 703). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

The sentence imposed was not unduly harsh or excessive ( see, People v. Suitte, 90 A.D.2d 80).

Rosenblatt, J. P., O'Brien, Ritter and Krausman, JJ., concur.


Summaries of

People v. Rose

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 685 (N.Y. App. Div. 1998)
Case details for

People v. Rose

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM ROSE, Appellant

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

Date published: Jun 29, 1998

Citations

251 A.D.2d 685 (N.Y. App. Div. 1998)
676 N.Y.S.2d 474