People v. Bertolini, 296 A.D.2d 553

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered December 15, 1999, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon 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 of murder in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt of murder in the second degree 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). O’Brien, J.P., Krausman, Schmidt and Cozier, JJ., concur.

Case Details

Case Name: People v. Bertolini

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jul 22, 2002

Citations: 296 A.D.2d 553; 745 N.Y.S.2d 695; 2002 N.Y. App. Div. LEXIS 7556

Court Abbreviation: N.Y. App. Div.