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People v. Everett

180 A.D.2d 746 Court N.Y. App. Div. Decision date 1992-02-18 English

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p. 746
The People of the State of New York, Respondent, v James Everett, Appellant.

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered March 14, 1986, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt and to exclude to a moral certainty every reasonable hypothesis of innocence (see, People v Betancourt, 68 NY2d 707 ). 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 remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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