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People v. Cannon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 439 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Queens County (Eng, J.).


Ordered that the judgment is affirmed.

The defendant's motion for a trial order of dismissal was not specific enough to preserve the issue of legal sufficiency for appellate review (see, CPL 470.05; People v. Pinder, 199 A.D.2d 544). 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 (see, People v Dixon, 174 A.D.2d 689; People v. Jamison, 173 A.D.2d 341; People v Robinson, 161 A.D.2d 676). 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 sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Miller, Thompson and Joy, JJ., concur.


Summaries of

People v. Cannon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 439 (N.Y. App. Div. 1996)
Case details for

People v. Cannon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP L. CANNON…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 439 (N.Y. App. Div. 1996)
638 N.Y.S.2d 324

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