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The People of the State of New York, Respondent, v. Stanley Downey, Appellant

New York Supreme Court, Appellate Division1998-11-09
255 A.D.2d 394680 N.Y.S.2d 555

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered June 20, 1997, convicting him of grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 [5]). Ritter, J. P., Thompson, Santucci and Joy, JJ., concur.