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People v. Austin

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 310 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that his conviction must be reversed because the testimony of his accomplice was not sufficiently corroborated (see, CPL 60.22). The testimony of the witness placing the defendant with the accomplice immediately prior to the robbery, the defendant's furtive behavior, and the defendant's flight with the accomplice immediately after a shot was fired was sufficient independent evidence tending to connect the defendant to the crimes charged (see, People v. Flores, 143 A.D.2d 840).

Viewing the evidence in the light most favorable to the People (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). Balletta, J.P., Miller, Santucci and Altman, JJ., concur.


Summaries of

People v. Austin

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 310 (N.Y. App. Div. 1995)
Case details for

People v. Austin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD AUSTIN…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 310 (N.Y. App. Div. 1995)
627 N.Y.S.2d 982

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