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People v. Rudenko

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 598 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

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


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).

Further, there is no merit to the defendant's contention that the court erroneously failed to impose appropriate sanctions upon the People for a Rosario violation ( see, People v. Rosario, 9 N.Y.2d 286, cert denied 386 U.S. 866). The sanctions sought by the defendant were more drastic than the situation warranted ( see, People v. Joseph, 86 N.Y.2d 565, 570; People v. Martinez, 71 N.Y.2d 937, 940).

The defendant's remaining contentions lack merit or are unpreserved for appellate review.

Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.


Summaries of

People v. Rudenko

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 598 (N.Y. App. Div. 1997)
Case details for

People v. Rudenko

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KONSTANTIN RUDENKO…

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 598 (N.Y. App. Div. 1997)
659 N.Y.S.2d 987

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