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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 566 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

Appeal from the Supreme Court, Westchester County (West, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence was not preserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20). 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. Rumble, 45 N.Y.2d 879). 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 without merit. Mangano, P.J., Miller, Ritter and Hart, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 566 (N.Y. App. Div. 1996)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID L. SMITH…

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

Date published: Apr 15, 1996

Citations

226 A.D.2d 566 (N.Y. App. Div. 1996)
641 N.Y.S.2d 549