People v. Clerge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
With the exception of his challenge to an official misconduct count regarding an incident on November 20, 2005, the defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see People v Hawkins, 11 NY3d 484 [2008]; People v Sulayao, 58 AD3d 769, 770 [2009]). 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 his guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied…
2Cases cited18 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RomeroNew York Court of Appeals · 2006
- People v. SandovalNew York Court of Appeals · 1974
- People v. HawkinsNew York Court of Appeals · 2008
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