From Casetext: Smarter Legal Research

People v. Giaccone

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 599 (N.Y. App. Div. 1998)

Opinion

November 30, 1998

Appeal from the County Court, Suffolk County (Corso, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's contentions that the evidence was legally insufficient to establish his guilt of certain of the crimes of which he now stands convicted are, in part, unpreserved for appellate review ( see, CPL 470.05; 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, in part, unpreserved for appellate review, and, in any event, provide no basis for reversal ( see, CPL 470.05; People v. Udzinski, supra).

Copertino, J. P., Sullivan, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Giaccone

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 599 (N.Y. App. Div. 1998)
Case details for

People v. Giaccone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP G. GIACCONE…

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

Date published: Nov 30, 1998

Citations

255 A.D.2d 599 (N.Y. App. Div. 1998)
680 N.Y.S.2d 873