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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 532 (N.Y. App. Div. 1994)

Opinion

November 14, 1994

Appeal from the Supreme Court, Kings County (Rivera, J.).


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in the 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 (see, People v. Morales, 162 A.D.2d 128; cf., People v. Gordon, 76 N.Y.2d 595). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15; see also, People v. Ortiz, 170 A.D.2d 396).

Further, the defendant's contention that the proof of his guilt was entirely circumstantial and, therefore, the trial court committed reversible error in failing to give a circumstantial evidence charge, is unpreserved for appellate review since the defendant did not request a circumstantial evidence charge or object to the charge as given (see, CPL 470.05; see also, People v. Burgos, 170 A.D.2d 689) and we decline to reach the issue in the exercise of our interest of justice jurisdiction. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 532 (N.Y. App. Div. 1994)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMMY BROWN, Appellant

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

Date published: Nov 14, 1994

Citations

209 A.D.2d 532 (N.Y. App. Div. 1994)
619 N.Y.S.2d 625

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