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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 466 (N.Y. App. Div. 1987)

Opinion

November 16, 1987

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

The evidence adduced at trial was sufficient as a matter of law to support the defendant's conviction of robbery in the second degree (Penal Law § 160.10; see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was proven beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). Clearly, the jury chose not to credit the defendant's testimony and reconciled the inconsistencies in the testimony of the People's witnesses. We see no reason to disturb the jury's verdict.

Having failed to register his objections to the court's charge at trial, the defendant has not preserved his claims for appellate review (see, People v. Chin, 67 N.Y.2d 22; CPL 470.05). In any event, the charge was fair and proper (see, People v. Saunders, 64 N.Y.2d 665, on remand 112 A.D.2d 1051; People v Demming, 116 A.D.2d 886, lv denied 67 N.Y.2d 941). Mangano, J.P., Thompson, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 466 (N.Y. App. Div. 1987)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE SMITH, Appellant

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

Date published: Nov 16, 1987

Citations

134 A.D.2d 466 (N.Y. App. Div. 1987)

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