Legal Opinion

People v. Encarnacion

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

Decided February 16, 2000PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the jury verdict finding him guilty of murder in the second degree (Penal Law § 125.25 [1]) and promoting prison contraband in the first degree (Penal Law § 205.25 [2]) is not supported by legally sufficient evidence and is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant’s contention that reversal is mandated because of prosecutorial misconduct on summation is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. PelchatNew York Court of Appeals · 1984
  4. People v. SavvidesNew York Court of Appeals · 1956

3Cited by3 opinions

  1. People ex rel. Encarnacion v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. McKoyAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. McKoyAppellate Division of the Supreme Court of the State of New York · 2023

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