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People v. Whitted

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1992
187 A.D.2d 688 (N.Y. App. Div. 1992)

Opinion

November 23, 1992

Appeal from the County Court, Orange County (Pano Z. Patsolos, J.).


Ordered that the judgment and order are affirmed.

The defendant's claim that the evidence was legally insufficient to establish his guilt of the crimes charged is unpreserved for appellate review (CPL 470.05). In any event, viewing the evidence adduced at trial in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), 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).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The court properly denied the defendant's motion to vacate the judgment (see, CPL 440.10).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Eiber, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Whitted

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1992
187 A.D.2d 688 (N.Y. App. Div. 1992)
Case details for

People v. Whitted

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD WHITTED…

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

Date published: Nov 23, 1992

Citations

187 A.D.2d 688 (N.Y. App. Div. 1992)

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