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People v. Subgidio

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 388 (N.Y. App. Div. 2003)

Opinion

1999-10178

Submitted October 14, 2003.

November 3, 2003.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered October 22, 1999, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.

Robert C. Wilkie, Suffern, N.Y., for appellant, and appellant pro se.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

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).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, either are not properly before this court, unpreserved for appellate review, or without merit.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

People v. Subgidio

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 388 (N.Y. App. Div. 2003)
Case details for

People v. Subgidio

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KELVIN SUBGIDIO, appellant

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

Date published: Nov 3, 2003

Citations

1 A.D.3d 388 (N.Y. App. Div. 2003)
766 N.Y.S.2d 861

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