People v. Stevens
Decision Date | 21 March 2006 |
Docket Number | 1998-11040. |
Citation | 2006 NY Slip Op 02226,27 A.D.3d 670,810 N.Y.S.2d 683 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY STEVENS, 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 identity as the burglar is unpreserved for appellate review (see People v Gray, 86 NY2d 10, 20-21 [1995]; People v Majors, 18 AD3d 886 [2005]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; see also People v Carr-El, 99 NY2d 546, 547 [2002]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v Regan, 11 AD3d 640 [2004]; People v Risden, 299 AD2d 563 [2002]). 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]; People v Cuffie, 163 AD2d 485 [1990]).
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