From Casetext: Smarter Legal Research

People v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2005
22 A.D.3d 862 (N.Y. App. Div. 2005)

Opinion

2003-04285.

October 31, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered May 7, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

David R. Kliegman, Kew Gardens, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Traci R. Wilkerson of counsel), for respondent.

Before: H. Miller, J.P., Adams, Spolzino and Fisher, 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 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 of guilt was not against the weight of the evidence ( see CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2005
22 A.D.3d 862 (N.Y. App. Div. 2005)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BURKE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 2005

Citations

22 A.D.3d 862 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8132
802 N.Y.S.2d 628

Citing Cases

Burke v. Smith

The Appellate Division affirmed Burke's conviction. The court determined these arguments either had not been…