Appellate Division of the Supreme Court of New York, 1996

People v. Coleman

Appellate Division of the Supreme Court of New York · Decided March 18, 1996

225 A.D.2d 705; 639 N.Y.2d 939; 639 N.Y.S.2d 939; 1996 N.Y. App. Div. LEXIS 2593

Cases that cite this one

6 later published cases cite this decision.

People v. Ruiz (Appellate Division of the Supreme Court of New York 2002)
People v. Martinez (Appellate Division of the Supreme Court of New York 2002)
Coleman v. New York City Police Department (Appellate Division of the Supreme Court of New York 2001)
People v. Coleman (Appellate Division of the Supreme Court of New York 2001)
People v. Wells (Appellate Division of the Supreme Court of New York 2000)
People v. Marinus (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The defendant’s contention that the People failed to disprove his albi defense beyond a reasonable doubt is not preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, the defendant’s contention is without merit. 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]). The jury was not bound to accept the testimony of the defendant’s alibi witnesses (see, People v Vasquez, 160 AD2d 969, 970).

We have examined the defendant’s remaining contentions *706and find them to be without merit. Miller, J. P., Hart, Friedmann and Florio, JJ., concur.

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