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People v. Barham

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 226 (N.Y. App. Div. 1999)

Opinion

Submitted September 24, 1999

November 1, 1999

Cristina D'Amato Arvoy, White Plains, N.Y., for appellant.

Kevin L. Wright, District Attorney, Carmel, N.Y. (Robert A. Noah of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., DANIEL W. JOY, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered March 11, 1998, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

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[5]).

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

The defendant's remaining contentions are without merit.

THOMPSON, J.P., JOY, McGINITY, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Barham

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 226 (N.Y. App. Div. 1999)
Case details for

People v. Barham

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DONALD BARHAM, appellant. (Ind. No. 17/97)

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 226 (N.Y. App. Div. 1999)
696 N.Y.S.2d 905

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