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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 598 (N.Y. App. Div. 1988)

Opinion

November 21, 1988

Appeal from the Supreme Court, Kings County (Pincus, 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. Moreover, upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's claim that the verdict sheets submitted to the jury were not proper is unpreserved for appellate review since he failed to object to their submission (see, CPL 470.05; see, People v. Battles, 141 A.D.2d 748; People v. Monroe, 135 A.D.2d 741; cf., People v. Nimmons, 72 N.Y.2d 830; People v. Valle, 143 A.D.2d 160).

The sentence imposed does not warrant modification (see, People v. Suitte, 90 A.D.2d 80, 86-87). Lawrence, J.P., Spatt, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 598 (N.Y. App. Div. 1988)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RODRIGUEZ…

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

Date published: Nov 21, 1988

Citations

144 A.D.2d 598 (N.Y. App. Div. 1988)

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