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People v. Ryan
215 A.D.2d 786
N.Y. App. Div.
1995
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Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered October 31, 1990, 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. Contrary to the defendant’s contention, this is not a case in which the People relied solely upon circumstantial evidence, since the defendant’s admissions constituted direct evidence (see, People v Daddona, 81 NY2d 990). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Miller, Santucci and Altman, JJ., concur.

Case Details

Case Name: People v. Ryan
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 30, 1995
Citation: 215 A.D.2d 786
Court Abbreviation: N.Y. App. Div.
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