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People v. Mitchiner

277 A.D.2d 399 Court N.Y. App. Div. Decision date 2000-11-20 English

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p. 399
The People of the State of New York, Respondent, v Nathaniel Mitchiner, Appellant.
[716 NYS2d 885]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 30, 1996, convicting him of murder in the second 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 (see, People v Williams, 84 NY2d 925 , 926). 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 excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either without merit or do not require reversal. O’Brien, J. P., Thompson, H. Miller and Schmidt, JJ., concur.

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