AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC FRANZA, Appellant.

The circumstantial evidence of guilt, including several highly incriminating items of handwriting evidence, was legally sufficient, and the verdict was not against the weight of the evidence ( see, People v. Gates, 24 N.Y.2d 666, 668-669). Defendant's contention that there was no probable cause for the issuance of a search warrant for his apartment is without merit, since, under the circumstances, it was reasonable to conclude that the items used to make the pipebomb would be found in his residence ( see, People v. Mendez, 199 A.D.2d 182, lv denied 83 N.Y.2d 874). The court's charge on circumstantial evidence conveyed the appropriate standards ( People v. Sanchez, 61 N.Y.2d 1022). We perceive no abuse of discretion in sentencing. We have considered defendant's remaining contentions, including those addressed to the denial of his motion to vacate judgment, and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Nardelli and Williams, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. FRANZA
(May 13, 1997)