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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 486 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Supreme Court, Kings County (Lipp, 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. 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 court did not improvidently exercise its discretion in denying the defendant's motion to set aside the verdict. Defense counsel failed to include affidavits in compliance with CPL 330.40 (2) that are required to support a motion under subdivisions (2) and (3) of CPL 330.30 ( see also, People v Lopez, 104 A.D.2d 904).

The defendant's remaining contentions are without merit. Balletta, J.P., Santucci, Krausman and Florio, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 486 (N.Y. App. Div. 1996)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY TORRES…

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 486 (N.Y. App. Div. 1996)
640 N.Y.S.2d 796

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