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People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2002
293 A.D.2d 501 (N.Y. App. Div. 2002)

Opinion

2000-06393

Submitted February 28, 2002.

April 1, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County, (Tomei, J.), rendered July 10, 2000, convicting her of robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Elaine Block of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish her guilt is unpreserved for appellate review (see CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Fryar, 276 A.D.2d 641). In any event, 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).

SANTUCCI, J.P., ALTMAN, FLORIO and FEUERSTEIN, JJ., concur.


Summaries of

People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2002
293 A.D.2d 501 (N.Y. App. Div. 2002)
Case details for

People v. Soto

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EMILY SOTO, appellant

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

Date published: Apr 1, 2002

Citations

293 A.D.2d 501 (N.Y. App. Div. 2002)
739 N.Y.S.2d 631

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