People v. McKenzie
Cases that cite this one
5 later published cases cite this decision.
- People v. Perry (Appellate Division of the Supreme Court of New York 2005)
- People v. Horne (Appellate Division of the Supreme Court of New York 2004)
- People v. Horn (Appellate Division of the Supreme Court of New York 2004)
- People v. Telesford (Appellate Division of the Supreme Court of New York 2003)
- People v. Bryant (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 Supreme Court, Kings County (Starkey, J.), rendered March 27, 2000, convicting him of assault in the first degree and criminal possession of a weapon in the second 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 contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329, 335, cert denied 534 US 899).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
The defendant’s remaining contentions are without merit. Ritter, J.P., Santucci, Goldstein and Mastro, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.