People v. DiPippo

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: S. MILLER
• Citation: People v. DiPippo, 696 N.Y.S.2d 690, 265 A.D.2d 340 (N.Y. App. Div. 1999)
• Decision Date: 04 October 1999
• Parties: The PEOPLE, etc., respondent, v. Anthony DiPIPPO, appellant.

Page 690

696 N.Y.S.2d 690

The PEOPLE, etc., respondent, v. Anthony DiPIPPO, appellant.

Supreme Court, Appellate Division Second Department, New York.

Oct. 4, 1999.

Joel A. Brenner, East Northport, N.Y. (Richard Langone on the brief), for appellant.

Kevin L. Wright, District Attorney, Carmel, N.Y. (Valerie Friedlander of counsel), for respondent.

Appeal by the defendant from two judgments of the County Court, Putnam County (Braatz, J.), both rendered July 11, 1997, convicting him of murder in the second degree and rape in the first degree under Indictment No. 39/96, upon a jury verdict, and criminal possession of a controlled substance in the second degree, under Indictment No. 35/96, upon his plea of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant's claim that the testimony of the eyewitness was incredible as a matter of law is unpreserved for appellate review because his attorney did not make that argument before the trial court (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919; People v. Ings, 248 A.D.2d 485, 668 N.Y.S.2d 922). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant committed murder in the second degree and rape in the first degree. 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 ).

There is no merit to the defendant's claim that he was denied the meaningful representation of counsel (see, People v. Benevento, 91 N.Y.2d 708, 674...