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203 A.D.2d 302
N.Y. App. Div.
1994

—Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered March 13, 1992, convicting him of murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. The record establishes that the justification defense was disproved 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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are unpreserved for appellate review or without merit. Balletta, J. P., Ritter, Copertino and Goldstein, JJ., concur.

Case Details

Case Name: People v. Hughes
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 4, 1994
Citations: 203 A.D.2d 302; 612 N.Y.S.2d 896
Court Abbreviation: N.Y. App. Div.
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