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People v. Tritto

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 467 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgment is affirmed.

The defendant's assertion that the Trial Justice improperly denied his request to permit the jury to visit the scene of the crime has been considered and rejected by this court on the appeal of his codefendant (see, People v Kaufman, 156 A.D.2d 718). The defendant has not raised any argument requiring a different result herein.

At trial, two eyewitnesses testified that they observed the defendant participating in the assault upon the victim that resulted in her death. One of these eyewitnesses observed the defendant "deliberately" strike the victim with an automobile that he was driving. The medical examiner testified that bruises on the victim's legs were consistent with being so struck. Viewing the evidence in a light most favorable to the People (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 (CPL 470.15).

Under the circumstances of this case, we conclude that the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80; see also, People v Sanchez, 131 A.D.2d 606; People v Roman, 84 A.D.2d 851).

We have considered the defendant's remaining contentions, including the arguments raised in his supplemental pro se brief, and find them to be without merit. Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Tritto

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 467 (N.Y. App. Div. 1991)
Case details for

People v. Tritto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH TRITTO…

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 467 (N.Y. App. Div. 1991)