PEOPLE v. BUTLER


248 A.D.2d 249 (1998)

670 N.Y.S.2d 440

The People of the State of New York, Respondent, v. David Butler, Also Known as Donald Washington, Also Known as William Green, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1998


There was legally sufficient evidence of defendant's guilt and the verdict was not against the weight of the evidence. We see no reason to disturb the credibility determinations of the trier of fact. Contrary to defendant's argument, we find that there was ample evidence supporting the elements of reckless endangerment.

Defendant has not preserved his claim of impropriety in the sentencing procedure and we decline to review it in the interest of justice. Were we to...

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