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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 404 (N.Y. App. Div. 1998)

Opinion

March 2, 1998

Appeal from the Supreme Court, Kings County (Feldman, 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 (see, CPL 470.15).

The prosecutor's summation constituted a fair response to the defendant's summation and did not unduly prejudice the defendant so as to deprive him of a fair trial (see, People v. Galloway, 54 N.Y.2d 396).

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

Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 404 (N.Y. App. Div. 1998)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MILLER…

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

Date published: Mar 2, 1998

Citations

248 A.D.2d 404 (N.Y. App. Div. 1998)
669 N.Y.S.2d 829

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