Legal Opinion

People v. Benard

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

Decided January 26, 2010PublishedCited by 3 opinions

1Opinion of the Court

*953The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]; People v Finger, 95 NY2d 894, 895 [2000]). 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, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v…

2Cases cited15 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. BeneventoNew York Court of Appeals · 1998

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3Cited by3 opinions

  1. People v. ChazbaniAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. RyanAppellate Division of the Supreme Court of the State of New York · 2026

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