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People v. Lunan

306 A.D.2d 292 Court N.Y. App. Div. Decision date 2003-06-02 English

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p. 292
The People of the State of New York, Respondent, v Melissa Lunan, Appellant.
[760 NYS2d 329]

—Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 5, 2000, convicting her of

p. 293
reckless endangerment in the first degree, criminally negligent homicide, and endangering the welfare of a child, 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 [1983]), 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 defendant’s remaining contention is without merit. Prudenti, P.J., Ritter, Smith and Cozier, JJ., concur.

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