People v. Sierra

2 Citing cases

  1. People v. Negron

    7 A.D.3d 643 (N.Y. App. Div. 2004)

    05; People v. Bynum, 70 N.Y.2d 858; People v. White, 192 A.D.2d 736; People v. Pittman, 186 A.D.2d 282). 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. White, supra; People v. Sierra, 191 A.D.2d 657; People v. Baxter, 157 A.D.2d 788). 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). The defendant's remaining contention is unpreserved for appellate review ( see People v. Creech, 60 N.Y.2d 895), and we decline to reach it in the exercise of our interest of justice jurisdiction.

  2. People v. Monserrate

    299 A.D.2d 371 (N.Y. App. Div. 2002)

    ORDERED that the judgment is affirmed. In light of our affirmance of the judgment in the related case (see People v. Monserrate, 299 A.D.2d 371 [Appellate Division Docket No. 2000-02586, decided herewith]), we need not reach the defendant's further contention that his plea of guilty under Indictment No. 2184/99 must be vacated pursuant to People v. Fuggazzatto ( 62 N.Y.2d 862) (see People v. Sierra, 191 A.D.2d 657; cf. People v. Robbins, 223 A.D.2d 735). SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and LUCIANO, JJ., concur.