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People v. Carpenter

208 A.D.2d 854 Court N.Y. App. Div. Decision date 1994-10-24 English

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p. 854
The People of the State of New York, Respondent, v Linda Carpenter, Appellant.
[618 NYS2d 561]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered April 16, 1991, convicting

p. 855
her of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621) , 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 [5]).

The sentence imposed was not unconstitutional or excessive (see, People v Suitte, 90 AD2d 80 ). Sullivan, J. P., Balletta, Lawrence and Florio, JJ., concur.

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