People v. Hemstreet

Decision Date27 March 2000
Citation706 N.Y.S.2d 337,270 A.D.2d 499
CourtNew York Supreme Court — Appellate Division
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CHARLES HEMSTREET, Appellant.

Ritter, J. P., S. Miller, McGinity and Feuerstein, 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 is 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 is not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant's remaining contention is without merit.

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3 cases
  • Hemstreet v. Greiner
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 11, 2004
    ...been denied a fair trial. Hemstreet's conviction was affirmed by the Appellate Division on March 27, 2000. See People v. Hemstreet, 270 A.D.2d 499, 706 N.Y.S.2d 337 (2d Dept.2000). In August 2001, Hemstreet applied for a writ of error coram nobis in the Appellate Division, arguing that he w......
  • Hemstreet v. Greiner
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 20, 2007
    ...the sufficiency of the evidence supporting the verdict. The Appellate Division affirmed the conviction. See People v. Hemstreet, 270 A.D.2d 499, 706 N.Y.S.2d 337 (2d Dep't 2000). Hemstreet petitioned that court for a writ of error coram nobis on the ground that he was denied effective assis......
  • Hemstreet v. Greiner, 02-2747.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 11, 2004
    ...a remedy for the state's alleged intimidation of Bucci. The Appellate Division affirmed his conviction. See People v. Hemstreet, 706 N.Y.S.2d 337, 270 A.D.2d 499 (2d Dep't 2000). In August 2001, Hemstreet applied for a writ of error coram nobis in the Appellate Division wherein he argued th......

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