Legal Opinion

People v. Dargan

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

Decided December 26, 2012Published

1Opinion of the Court

The defendant’s contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review (see CPL 470.05; People v Hawkins, 11 NY3d 484, 491-492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we…

2Cases cited21 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. RomeroNew York Court of Appeals · 2006

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