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People v. Zappia

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1993
199 A.D.2d 559 (N.Y. App. Div. 1993)

Opinion

December 27, 1993

Appeal from the County Court, Westchester County (Cowhey, J.).


Ordered that the judgment is affirmed.

The defendant's generalized motion to dismiss the indictment at the close of trial was insufficient to preserve his claim of legal insufficiency for appellate review (see, CPL 470.05). 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 Sutton, 161 A.D.2d 612; People v McCord, 160 A.D.2d 736). 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).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Zappia

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1993
199 A.D.2d 559 (N.Y. App. Div. 1993)
Case details for

People v. Zappia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ZAPPIA, Appellant

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

Date published: Dec 27, 1993

Citations

199 A.D.2d 559 (N.Y. App. Div. 1993)
608 N.Y.S.2d 97

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