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People v. Trigger

210 A.D.2d 359 Court N.Y. App. Div. Decision date 1994-12-12 English

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p. 359
The People of the State of New York, Respondent, v Mark A. Trigger, Appellant.
[620 NYS2d 276]

—Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 11, 1993, convicting him of criminal possession of stolen property 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 prosecution (see, People v Contes, 60 NY2d 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 [5]). Further, the court did not improvidently exercise its discretion in rendering its Sandoval ruling (see, People v Pavao, 59 NY2d 282 ; People v Williams, 56 NY2d 236 ; People v Sandoval, 34 NY2d 371 ).

The defendant’s claim that his privilege against self-incrimination was violated is not preserved for appellant review, and, in any event, is without merit (see, People v De George, 73 NY2d 614 ; People v Savage, 50 NY2d 673 , cert denied 449 US 1016 ; People v Harrison, 149 AD2d 434 ).

We have considered the defendant’s remaining contentions and find them to be without merit. Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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