PEOPLE v. BENIQUEZ

3109/14, 9949, 9948.

176 A.D.3d 406 (2019)

110 N.Y.S.3d 688

2019 NY Slip Op 07012

The People of the State of New York, Respondent, v. Jose Beniquez, Appellant. The People of the State of New York, Respondent, v. Miguel Gonzalez, Appellant.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for Jose Beniquez, appellant.

Feldman and Feldman, Uniondale, ( Arza Feldman of counsel), for Miguel Gonzalez, appellant.

Miguel Gonzalez, appellant pro se.

Cyrus R. Vance, Jr. , District Attorney, New York ( Hilary Hassler of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.


Except for Beniquez's argument that the People failed to establish his intent to kill, which we find unavailing, both defendants' legal insufficiency claims are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we find that the verdicts were supported by legally sufficient evidence, and we also find that they were not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342...

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