Appellate Division of the Supreme Court of New York, 1989

People v. Fooks

People v. Fooks
Appellate Division of the Supreme Court of New York · Decided June 12, 1989
151 A.D.2d 600; 543 N.Y.S.2d 922; 1989 N.Y. App. Div. LEXIS 7910
People v. Fooks

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered March 5, 1981, convicting him of arson in the fourth degree and menacing, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*601Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620), we find that it was sufficient to support the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s contention relating to the prosecutor’s remarks during summation is without merit (see, People v Bailey, 58 NY2d 272; People v Ashwal, 39 NY2d 105). Mangano, J. P., Bracken, Kunzeman and Eiber, JJ., concur.

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