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People v. Fooks

151 A.D.2d 600 Court N.Y. App. Div. Decision date 1989-06-12 English

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p. 600
The 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.

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