Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Barry L. McRae, Appellant

215 A.D.2d 593627 N.Y.S.2d 928·New York Supreme Court, Appellate Division·1995·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Barry L. McRae, Appellant. [627 NYS2d 928] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered February 17, 1993, convicting him of attempted murder 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 470.05 [5]). The defendant’s sentence was not excessive. Sullivan, J. P., Copertino, Goldstein and Florio, JJ., concur.