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People v. Policano

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 331 (N.Y. App. Div. 2000)

Opinion

Argued October 17, 2000.

November 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered March 16, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Carol Santangelo of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Monique Ferrell, and Rhea A. Grob of counsel), for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 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 without merit.


Summaries of

People v. Policano

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 331 (N.Y. App. Div. 2000)
Case details for

People v. Policano

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DAVID POLICANO, APPELLANT. (IND. NO…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 331 (N.Y. App. Div. 2000)
715 N.Y.S.2d 880

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Policano v. Herbert

Although the Policano panel itself characterizes this result as "disturbing," it concludes that its…

Policano v. Herbert

The conviction had been affirmed in the state courts by the Appellate Division. People v. Policano, 277…