From Casetext: Smarter Legal Research

People v. Poczok

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 506 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

Appeal from the Supreme Court, Queens County (Demakos, J.).


Ordered that the judgment is affirmed.

The issue of legal sufficiency has not been preserved 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 (see, People v Davis, 182 A.D.2d 826; People v Shabaz, 173 A.D.2d 498; People v Cureton, 139 A.D.2d 756; People v Fernandez, 138 A.D.2d 733; People v Davis, 113 A.D.2d 969). 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 sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.


Summaries of

People v. Poczok

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 506 (N.Y. App. Div. 1995)
Case details for

People v. Poczok

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN POCZOK, Appellant

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

Date published: May 8, 1995

Citations

215 A.D.2d 506 (N.Y. App. Div. 1995)
627 N.Y.S.2d 571