People v. Brown
Decision Date | 03 May 2004 |
Docket Number | 2003-05986. |
Citation | 775 N.Y.S.2d 877,2004 NY Slip Op 03576,7 A.D.3d 535 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BROWN, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of assault in the first degree and criminal possession of a weapon in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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]).
Contrary to the defendant's contention, he received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Satterfield, 66 NY2d 796 [1985]; People v Baldi, 54 NY2d 137 [1981]; People v Wicker, 229 AD2d 602 [1996]; People v Sullivan, 153 AD2d 223 [1990]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions are without merit.
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People v. Brown
...moved pursuant to CPL 440.10 to vacate his judgment of conviction, which was previously affirmed by this Court (see People v. Brown, 7 A.D.3d 535, 535–536, 775 N.Y.S.2d 877). In support of his motion, the defendant contended that the People's alleged nondisclosure of certain evidence prior ......
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Brown v. DiFiore
...in the first degree and criminal possession of a weapon in the third degree. This Court affirmed his conviction (see People v. Brown, 7 A.D.3d 535, 775 N.Y.S.2d 877 ). By letter dated May 22, 2012, the petitioner made a request pursuant to the Freedom of Information Law (hereinafter FOIL; s......
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