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People v. Oyekoya

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 253 (N.Y. App. Div. 2000)

Opinion

Submitted November 6, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered January 8, 1999, convicting him of forgery in the second degree (four counts), criminal possession of stolen property in the fourth degree, falsifying business records in the second degree (three counts), and criminal impersonation in the second degree, after a nonjury trial, and imposing sentence.

Michael G. Paul, New York, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Dana M. Loiacono and Richard Longworth Hecht of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

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).

Contrary to the defendant's contention, the verdict convicting him of four counts of forgery in the second degree and acquitting him of three counts of criminal possession of a forged instrument in the second degree was not repugnant, as each count related to separate crimes involving different instruments (see, People v. Cruz, 147 A.D.2d 584; People v. Graham, 135 A.D.2d 563, 564-565; People v. Cornwall, 121 A.D.2d 735).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. Oyekoya

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 253 (N.Y. App. Div. 2000)
Case details for

People v. Oyekoya

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. WALE OYEKOYA, APPELLANT. (IND. NO…

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 253 (N.Y. App. Div. 2000)
716 N.Y.S.2d 909

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