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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1990
157 A.D.2d 810 (N.Y. App. Div. 1990)

Opinion

January 22, 1990

Appeal from the Supreme Court, Queens County (Appelman, J.).


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. Our review of the record establishes that the identification testimony adduced at trial was sufficient as a matter of law to sustain the defendant's conviction (People v. Cook, 99 A.D.2d 552, 553). 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 (CPL 470.15). Finally, we decline to reduce the defendant's sentence in the exercise of our interest of justice jurisdiction (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1990
157 A.D.2d 810 (N.Y. App. Div. 1990)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINCEFORD SMITH…

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

Date published: Jan 22, 1990

Citations

157 A.D.2d 810 (N.Y. App. Div. 1990)

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