From Casetext: Smarter Legal Research

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2006
27 A.D.3d 670 (N.Y. App. Div. 2006)

Opinion

1998-11040.

March 21, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered December 7, 1998, convicting him of burglary in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Karen F. McGee and Daniela Conti Maiorana of counsel), for respondent.

Before: Ritter, J.P., Luciano, Mastro and Skelos, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his identity as the burglar is unpreserved for appellate review ( see People v. Gray, 86 NY2d 10, 20-21; People v. Majors, 18 AD3d 886). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620; see also People v. Carr-El, 99 NY2d 546, 547), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Regan, 11 AD3d 640; People v. Risden, 299 AD2d 563). 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; People v. Cuffie, 163 AD2d 485).


Summaries of

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2006
27 A.D.3d 670 (N.Y. App. Div. 2006)
Case details for

People v. Stevens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY STEVENS…

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

Date published: Mar 21, 2006

Citations

27 A.D.3d 670 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2226
810 N.Y.S.2d 683

Citing Cases

State of N.Y. v. Ayala

05; People v Gray, 86 NY2d 10, 19-21; People v Thompson, 33 AD3d 825; People v Eugene, 27 AD3d 480, 480). In…

People v. Jenkins

05; People v Ayala, 36 AD3d 827; People v Eugene, 27 AD3d 480). In any event, viewing the evidence in the…