People v. Policano

Decision Date13 November 2000
CourtNew York Supreme Court — Appellate Division
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DAVID POLICANO, Appellant.

Ritter, J.P., Santucci, Krausman and Smith, JJ., concur.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 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 [5]).

The defendant's remaining contentions are without merit.

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9 cases
  • Policano v. Herbert
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 21 June 2006
    ...by New York courts when they affirmed Policano's depraved indifference conviction on direct appeal, see People v. Policano, 277 A.D.2d 331, 715 N.Y.S.2d 880 (2d Dep't 2000),2 and denied further review, see People v. Policano, 96 N.Y.2d 786, 725 N.Y.S.2d 651, 749 N.E.2d 220 (2001) (Smith, G.......
  • Policano v. Herbert
    • United States
    • New York Court of Appeals Court of Appeals
    • 16 November 2006
    ...Court found "that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt" (People v. Policano, 277 A.D.2d 331, 331-332, 715 N.Y.S.2d 880 [2d Dept 2000] [citation omitted]). Exercising its broad factual review power, the Appellate Division further pronounced i......
  • People v. Ransom
    • United States
    • New York Supreme Court — Appellate Division
    • 27 March 2019
  • Policano v. Herbert
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 15 November 2005
    ...count. Policano's conviction was affirmed by the Appellate Division, Second Department, in a brief order. People v. Policano, 277 A.D.2d 331, 715 N.Y.S.2d 880 (2d Dep't 2000). His application for permission to appeal the Appellate Division's decision to the New York Court of Appeals was den......
  • Request a trial to view additional results

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