People v. Hughes
| Decision Date | 07 October 2002 |
| Citation | 751 N.Y.S.2d 379,298 A.D.2d 403 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>MICHAEL HUGHES, Appellant. |
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the County Court providently exercised its discretion in declining to reopen the Wade hearing (see United States v Wade, 388 US 218; People v Robinson, 280 AD2d 687). Further, the defendant's challenge to the legal sufficiency of the evidence adduced at trial is unpreserved for appellate review (see People v Gray, 86 NY2d 10, 19; People v Udzinski, 146 AD2d 245, 250). In any event, 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 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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...larceny in the third degree. On October 8, 2002 the Appellate Division unanimously affirmed the judgment of conviction. People v. Hughes, 298 A.D.2d 403, 751 N.Y.S.2d 379 (Exhibit F, R: On October 30, 2002, petitioner sought leave to appeal therefrom to the Court of Appeals. On June 18, 200......
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