Opinion

People v. Brown

  • 251 A.D.2d 677
  • 676 N.Y.S.2d 470
  • 1998 N.Y. App. Div. LEXIS 7858
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 29, 1998
Status
Published
Cited by
3 cases
Authority
More cited than 80.4%

The opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered August 5, 1996, convicting him of rape in the first degree and sexual assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to support the convictions is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ; People v Udzinski, 146 AD2d 245 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 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 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Altman and Luciano, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.