Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Gerard Hoff, Appellant

268 A.D.2d 488701 N.Y.S.2d 638·New York Supreme Court, Appellate Division·2000·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 Gerard Hoff, Appellant. [701 NYS2d 638] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered September 8, 1997, convicting him of burglary in the first degree and arson in the second degree, after a nonjury trial, 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 remaining contentions are unpreserved for appellate review or do not require reversal. Ritter, J. P., Altman, Schmidt and Smith, JJ., concur.