Majority
p. 600The People of the State of New York, Respondent, v Clifford Fooks, Appellant.
Appeal by the defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered March 5, 1981, convicting him of arson in the fourth degree and menacing, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
p. 601
Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 ), we find that it was sufficient to support the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s contention relating to the prosecutor’s remarks during summation is without merit (see, People v Bailey, 58 NY2d 272 ; People v Ashwal, 39 NY2d 105 ). Mangano, J. P., Bracken, Kunzeman and Eiber, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 601
- People v. Bailey 58 NY2d 272 p. 601
- People v. Ashwal 39 NY2d 105 p. 601