From Casetext: Smarter Legal Research

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1999
266 A.D.2d 483 (N.Y. App. Div. 1999)

Opinion

Argued September 27, 1999

November 30, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered September 17, 1998, convicting him of unauthorized use of a vehicle in the third degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Donna Aldea of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI, MYRIAM J. ALTMAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his use of the vehicle within the meaning of Penal Law § 165.05(1) is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858; People v. Tallarine, 223 A.D.2d 738). 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. McCaleb, 25 N.Y.2d 394). 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).

BRACKEN, J.P., O'BRIEN, SANTUCCI, and ALTMAN, JJ., concur.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1999
266 A.D.2d 483 (N.Y. App. Div. 1999)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE, etc., respondent, v. BARRY TAYLOR, appellant. (Ind. No…

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

Date published: Nov 30, 1999

Citations

266 A.D.2d 483 (N.Y. App. Div. 1999)
698 N.Y.S.2d 887