People v. Ramirez

• Decision Date: 30 September 1991
• Parties: The PEOPLE, etc., Respondent, v. Cesar RAMIREZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 527

574 N.Y.S.2d 527

176 A.D.2d 360

The PEOPLE, etc., Respondent, v. Cesar RAMIREZ, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

September 30, 1991

Maher & Brofman, Carmel (Keara M. O'Dempsey and Charles S. Brofman, of counsel), for appellant, and appellant pro se. Carl A. Vergari, Dist. Atty., White Plains (Peter D. Gormanly and Maryanne Luciano, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered January 20, 1987, convicting him of rape in the first degree (seven counts), rape in the third degree, sodomy in the first degree (seven counts), sodomy in the third degree (three counts), incest (two counts), assault in the second degree (three counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed. Viewing the evidence adduced at trial in the light most favorable to the People (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 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]. We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit.

THOMPSON, J.P., and BRACKEN, ROSENBLATT and O'BRIEN, JJ., concur.