Legal Opinion

People v. Delgado

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

Decided December 26, 2012PublishedCited by 1 opinion

1Opinion of the Court

*1145The defendant’s contention that the evidence was legally insufficient to support his conviction of burglary in the second degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, 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. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. ContesNew York Court of Appeals · 1983
  4. People v. DanielsonNew York Court of Appeals · 2007
  5. People v. BaldiNew York Court of Appeals · 1981

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3Cited by1 opinion

  1. People v. Jian Long ShiAppellate Terms of the Supreme Court of New York · 2014

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