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People v. ThompsonPeople v. Thompson

Appellate Division of the Supreme Court of the State of New York
Oct 17, 2006
Versions:33 A.D.3d 825
822 N.Y.S.2d 451

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 (see Penal Law §§ 110.00, 140.25 [2]; People v Castillo, 47 NY2d 270, 274-277 [1979]; People v Mitteager, 44 NY2d 927, 928 [1978]).

The defendant‘s contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review, and in any event, is without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]; see also People v Rivera, 5 NY3d 61, 67 [2005]).

The defendant‘s contentions raised in his supplemental pro se brief are without merit. Miller, J.P., Goldstein, Mastro and Dillon, JJ., concur.

Case Details

Case Name: People v. Thompson
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 17, 2006
Citations: 33 A.D.3d 825; 822 N.Y.S.2d 451
Court Abbreviation: N.Y. App. Div.
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