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People v. Zabala

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 609 (N.Y. App. Div. 2003)

Opinion

2001-02035

Submitted February 24, 2003.

March 17, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered February 16, 2001, convicting him of robbery in the first degree (five counts), robbery in the second degree (five counts), criminal possession of a weapon in the second degree (two counts), and criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Judith Stern of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). 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. 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 are either unpreserved for appellate review, without merit, or do not require reversal.

S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.


Summaries of

People v. Zabala

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 609 (N.Y. App. Div. 2003)
Case details for

People v. Zabala

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JAMES ZABALA, t/n AUGUSTO FABARA…

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

Date published: Mar 17, 2003

Citations

303 A.D.2d 609 (N.Y. App. Div. 2003)
756 N.Y.S.2d 502