From Casetext: Smarter Legal Research

People v. Dunham

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1999
258 A.D.2d 469 (N.Y. App. Div. 1999)

Opinion

February 1, 1999

Appeal from the County Court, Westchester County (Leavitt, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt, including the element of physical helplessness ( see, Penal Law § 130.00; § 130.35 [2]; § 130.65 [2]; People v. Cirina, 143 A.D.2d 763). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

Miller, J. P., Thompson, Sullivan and McGinity, JJ., concur.


Summaries of

People v. Dunham

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1999
258 A.D.2d 469 (N.Y. App. Div. 1999)
Case details for

People v. Dunham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG DUNHAM, Appellant

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

Date published: Feb 1, 1999

Citations

258 A.D.2d 469 (N.Y. App. Div. 1999)
682 N.Y.S.2d 919

Citing Cases

People v. Felix

In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60…