Appellate Division of the Supreme Court of New York, 2001

People v. Mathew

People v. Mathew
Appellate Division of the Supreme Court of New York · Decided December 3, 2001
289 A.D.2d 260; 734 N.Y.S.2d 475; 2001 N.Y. App. Div. LEXIS 11763
People v. Mathew

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered October 21, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements he made to law enforcement authorities.

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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Ritter, J. P., H. Miller, Feuerstein and Prudenti, JJ., concur.

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