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People v. Nunez

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 2002
299 A.D.2d 426 (N.Y. App. Div. 2002)

Opinion

2000-05418

Submitted October 15, 2002.

November 12, 2002.

Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered May 11, 2000, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Arlene Lewis, New City, N.Y., for appellant, and appellant pro se.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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, contrary to the defendant's contention, the verdict of guilt on the weapon possession count was not against the weight of the evidence (see CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

People v. Nunez

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 2002
299 A.D.2d 426 (N.Y. App. Div. 2002)
Case details for

People v. Nunez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LUIS NUNEZ, appellant

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

Date published: Nov 12, 2002

Citations

299 A.D.2d 426 (N.Y. App. Div. 2002)
749 N.Y.S.2d 435

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