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People v. Branch

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2000
272 A.D.2d 338 (N.Y. App. Div. 2000)

Opinion

Argued March 23, 2000.

May 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered August 25, 1997, convicting him of burglary in the first degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Barry Gene Rhodes, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, and Michael V. Frett of counsel), for respondent.

FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[ 5]; People v. Martinez, 186 A.D.2d 824).

The sentencing court did not err in ordering consecutive sentences on the burglary and robbery convictions (see, People v. Yong Yun Lee, 92 N.Y.2d 987).

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

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., FRIEDMANN, McGINITY and SMITH, JJ., concur.


Summaries of

People v. Branch

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2000
272 A.D.2d 338 (N.Y. App. Div. 2000)
Case details for

People v. Branch

Case Details

Full title:THE PEOPLE, etc., respondent, v. OHLIN BRANCH, appellant. (Ind. No…

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

Date published: May 3, 2000

Citations

272 A.D.2d 338 (N.Y. App. Div. 2000)
714 N.Y.S.2d 681

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