Appellate Division of the Supreme Court of New York, 2002

People v. Bertolini

Appellate Division of the Supreme Court of New York · Decided July 22, 2002

296 A.D.2d 553; 745 N.Y.S.2d 695; 2002 N.Y. App. Div. LEXIS 7556

Cases that cite this one

4 later published cases cite this decision.

People v. Stanley (Appellate Division of the Supreme Court of New York 2015)
People v. Harrell (Appellate Division of the Supreme Court of New York 2004)
People v. Parker (Appellate Division of the Supreme Court of New York 2004)
People v. Jones (Appellate Division of the Supreme Court of New York 2003)

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

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered December 15, 1999, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*554Viewing 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 of murder in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt of murder in the second degree 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). O’Brien, J.P., Krausman, Schmidt and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.