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People v. Binghampton

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 2001
289 A.D.2d 170 (N.Y. App. Div. 2001)

Opinion

5722

December 27, 2001.

Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered April 4, 2000, convicting defendant, after a jury trial, of robbery in the first and second degrees and assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 12 years, 8 years and 5 years, respectively, unanimously affirmed.

KHARI P. PRESCOD, for Respondents.

LAURA I. APPLEMAN, for Defendant-Appellant.

Before: Williams, J.P., Tom, Lerner, Buckley, Friedman, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). Issues concerning identification were properly presented to the jury and there is no reason to disturb its findings. The victim had a suitable opportunity to observe defendant during the crime and was able to make a reliable identification.

We perceive no basis for reduction of sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Binghampton

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 2001
289 A.D.2d 170 (N.Y. App. Div. 2001)
Case details for

People v. Binghampton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. XAVIER BINGHAMPTON…

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

Date published: Dec 27, 2001

Citations

289 A.D.2d 170 (N.Y. App. Div. 2001)
735 N.Y.S.2d 381