People v. Greenstein, 190 A.D.2d 863 (N.Y. App. Div. 1993). · Go Syfert
Search
People v. Greenstein, 190 A.D.2d 863 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases · …where a finding has been entered pursuant to this section, such finding shall be binding upon that defendant in any future proceeding in which the issue may arise. at p. 863 ⚠ not in text
3 citation events across 2 distinct courts.
Strongest positive: People v. Grey (nysupctkings, 2024-07-09)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Grey
N.Y. Sup. Kings · 2024 · confidence medium
CPL section 400.15(8) effectively codified the common law collateral estoppel doctrine and states, "[w]here a finding has been entered pursuant to this section, such finding shall be binding upon that defendant in any future proceeding in which the issue may arise." To the extent that the defendant argues that his 1989 sentence is "constitutionally excessive," the court notes that this issue was raised directly on appeal to the Appellate Division, Second Department ( see People v Grey , 190 AD2d 863, 863 [2d Dept 1993], lv denied 82 NY2d 719 [1993]).
discussed Cited as authority (rule) People v. Grey
N.Y. Sup. Kings · 2024 · confidence medium
CPL section 400.15(8) effectively codified the common law collateral estoppel doctrine and states, "[w]here a finding has been entered pursuant to this section, such finding shall be binding upon that defendant in any future proceeding in which the issue may arise." To the extent that the defendant argues that his 1989 sentence is "constitutionally excessive," the court notes that this issue was raised directly on appeal to the Appellate Division, Second Department ( see People v Grey , 190 AD2d 863, 863 [2d Dept 1993], lv denied 82 NY2d 719 [1993]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Mark Greenstein
Appellate Division of the Supreme Court of the State of New York.
Feb 22, 1993.
190 A.D.2d 863
Cited by 3 opinions  |  Published

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered May 9, 1991, convicting him of unlawful use of secret scientific material (two counts) and criminal possession of computer-related material (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the evidence was legally insufficient to establish his guilt was unpreserved for appellate review (see, CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), 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 sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.