Appellate Division of the Supreme Court of New York, 1997

People v. Hohn

People v. Hohn
Appellate Division of the Supreme Court of New York · Decided February 18, 1997
236 A.D.2d 558; 654 N.Y.S.2d 640; 1997 N.Y. App. Div. LEXIS 1304
People v. Hohn

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Pirro, J., at trial; Murphy, J., at sentencing), rendered October 4, 1993, convicting him of assault in the first degree and burglary in the first degree, upon a jury verdict, 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]).

The defendant’s remaining claim challenging the trial court’s evidentiary ruling is without merit. O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

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