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People v. Labrusciano

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2002
293 A.D.2d 688 (N.Y. App. Div. 2002)

Opinion

1998-03012

Submitted March 28, 2002.

April 22, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered March 24, 1998, convicting him of attempted burglary in the second degree, criminal mischief in the fourth degree, and attempted petit larceny, after a nonjury trial, and imposing sentence.

Neal D. Futerfas, White Plains, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Sanjay L. Bhatt and Valerie A. Livingston of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


ORDERED that the judgment is affirmed.

Viewing the evidence adduced at trial 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 sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., FRIEDMANN, H. MILLER and SCHMIDT, JJ., concur.


Summaries of

People v. Labrusciano

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2002
293 A.D.2d 688 (N.Y. App. Div. 2002)
Case details for

People v. Labrusciano

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MARCO LABRUSCIANO, appellant

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

Date published: Apr 22, 2002

Citations

293 A.D.2d 688 (N.Y. App. Div. 2002)
740 N.Y.S.2d 638