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People v. Boyette

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 716 (N.Y. App. Div. 1989)

Opinion

April 24, 1989

Appeal from the Supreme Court, Kings County (Kooper, J., Owens, J.).


Ordered that the judgment and order are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

With respect to the defendant's posttrial motion pursuant to CPL 440.10 (1) (h), the record discloses no improvident exercise of discretion on the part of the Supreme Court in denying his request for a hearing (see, People v. Friedgood, 58 N.Y.2d 467, 470). Furthermore, we find that the court properly denied the motion on the merits.

We have examined the defendant's remaining contentions, and find them to be without merit. Lawrence, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Boyette

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 716 (N.Y. App. Div. 1989)
Case details for

People v. Boyette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN BOYETTE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 1989

Citations

149 A.D.2d 716 (N.Y. App. Div. 1989)

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