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People v. Trujillo

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 406 (N.Y. App. Div. 2000)

Opinion

Submitted October 23, 2000.

November 21, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered March 13, 1998, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Elaine McKnight, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Michael Gore of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review (see, CPL 470.05). 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 identity as the perpetrator of the crime 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 received meaningful representation of counsel at trial, viewing the evidence, the law, and the circumstances of the case in totality and as of the time of representation (see, People v. Benevento, 91 N.Y.2d 708).

The defendant's remaining contentions are unpreserved for appellate review or without merit.


Summaries of

People v. Trujillo

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 406 (N.Y. App. Div. 2000)
Case details for

People v. Trujillo

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JOSE TRUJILLO, APPELLANT

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

Date published: Nov 21, 2000

Citations

277 A.D.2d 406 (N.Y. App. Div. 2000)
716 N.Y.S.2d 878