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PEOPLE v. CANEPA

295 A.D.2d 247 (2002)

745 N.Y.S.2d 153

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH CANEPA, Respondent.

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

Decided June 25, 2002.

To the extent that the trial court set aside the verdict as against the weight of the evidence, this was beyond its powers (People v Colon, 65 N.Y.2d 888). However, the court properly set aside the verdict based on legal insufficiency since the People failed to establish defendant's guilt as to every element of the offense charged. The well-known standard of review in determining the legal sufficiency of evidence to support a guilty...

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