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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 530 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

Appeal from the County Court, Westchester County (Angiolillo, J.).


Ordered that the judgment is affirmed.

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 (CPL 470.15). The trial court properly found that the requisite intent could be inferred from the circumstances of the defendant's entry into the complainant's apartment ( see, People v. Mackey, 49 N.Y.2d 274; People v. Mazer, 208 A.D.2d 956).

The defendant's remaining contentions are either unpreserved for appellate review or are without merit.

Ritter, J. P., Sullivan, Goldstein and Lerner, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 530 (N.Y. App. Div. 1997)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. OSCAR MARTINEZ…

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 530 (N.Y. App. Div. 1997)
666 N.Y.S.2d 495

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