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People v. Vivar

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 459 (N.Y. App. Div. 2002)

Opinion

2001-01087

Submitted May 2, 2002.

June 10, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 16, 2001, convicting him of criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Scott Brettschneider, Kew Gardens, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove, Rhea A. Grob, and Angela Dudley of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, SANDRA L. TOWNES, 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 the evidence 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 (CPL 470.15).

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

SANTUCCI, J.P., FLORIO, GOLDSTEIN and TOWNES, JJ., concur.


Summaries of

People v. Vivar

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 459 (N.Y. App. Div. 2002)
Case details for

People v. Vivar

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WILSON VIVAR, appellant

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

Date published: Jun 10, 2002

Citations

295 A.D.2d 459 (N.Y. App. Div. 2002)
743 N.Y.S.2d 312

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