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People v. Zurzolo

74 N.Y.2d 680 Court N.Y. Decision date 1989-06-01 English

Contents

Majority

p. 680
The People of the State of New York, Appellant, v Vincenzo Zurzolo, Respondent.
Argued April 28, 1989;
decided June 1, 1989
p. 681
APPEARANCES OF COUNSEL
Elizabeth Holtzman, District Attorney (Victor Barall and Barbara D. Underwood of counsel), for appellant.
Barry Kamins for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

p. 682
The trial court set aside the jury verdict and the Appellate Division affirmed after considering both the weight and legal sufficiency of the evidence. Inasmuch as our review is limited to questions of law (CPL 470.35), we cannot disturb the Appellate Division’s determination.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.