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People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 494 (N.Y. App. Div. 2004)

Opinion

1998-06685.

Decided June 14, 2004.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered June 24, 1998, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Arleen Lewis, New City, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SANDRA L. TOWNES, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his guilt was established beyond a reasonable doubt. The testimony of two of the defendant's accomplices was sufficiently corroborated by independent evidence tending to connect the defendant with the commission of the crimes of which he was convicted ( see CPL 60.22; People v. Lawrence, 298 A.D.2d 405, lv denied N.Y.3d [Mar. 9, 2004]; People v. Pierre, 298 A.D.2d 606). Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), 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).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.


Summaries of

People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 494 (N.Y. App. Div. 2004)
Case details for

People v. Bowen

Case Details

Full title:THE PEOPLE, ETC., respondent, v. GREGORY BOWEN, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 14, 2004

Citations

8 A.D.3d 494 (N.Y. App. Div. 2004)
778 N.Y.S.2d 288