Elawyers Elawyers
Ohio| Change

PEOPLE v. UDEH, 150 A.D.3d 900 (2017)

Court: Supreme Court of New York Number: innyco20170510403 Visitors: 6
Filed: May 10, 2017
Latest Update: May 10, 2017
Summary: Ordered that the judgment is affirmed. The defendant's challenge to the legal sufficiency of the evidence supporting his conviction of grand larceny in the first degree and scheme to defraud in the first degree is unpreserved for appellate review ( see CPL 470.05; People v Hawkins, 11 N.Y.3d 484 , 491-492 [2008]). In any event, viewing it in the light most favorable to the prosecution ( see People v Contes, 60 N.Y.2d 620 , 621 [1983]), the evidence was legally sufficient to establish the
More

Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence supporting his conviction of grand larceny in the first degree and scheme to defraud in the first degree is unpreserved for appellate review (see CPL 470.05; People v Hawkins, 11 N.Y.3d 484, 491-492 [2008]). In any event, viewing it in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621 [1983]), the evidence was legally sufficient to establish the defendant's guilt of the crimes of grand larceny in the first degree and scheme to defraud in the first degree beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 N.Y.3d 342, 349 [2007]), we nevertheless accord great deference to the opportunity of the finder of fact to view the witnesses, hear testimony, and observe demeanor (see People v Mateo, 2 N.Y.3d 383, 410 [2004]; People v Bleakley, 69 N.Y.2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt as to the counts of grand larceny in the first degree and scheme to defraud in the first degree was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633, 646 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80 [1982]).

The defendant's remaining contentions are without merit.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer