PEOPLE v. NICHOLAS


286 A.D.2d 861 (2001)

731 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETE NICHOLAS, Also Known as PETE NICHOLS, Appellant.

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

Decided September 28, 2001.


Judgment reversed on the law and new trial granted.

Memorandum:

Contrary to the contention of defendant, the verdict convicting him of murder in the second degree (Penal Law §§ 20.00, 125.25 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant's contention that the conviction is not supported by legally sufficient evidence is not preserved for our review...

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