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People v. Braxton

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2000
273 A.D.2d 23 (N.Y. App. Div. 2000)

Opinion

June 6, 2000.

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered February 24, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

Tami J. Aisenson, for respondent.

David Crow, for defendant-appellant.

Before: Williams, J.P., Ellerin, Wallach, Rubin, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The evidence clearly established that defendant and his accomplices used and threatened physical force in taking the complainant's property. Defendant tightly held on to the struggling complainant by the shoulder as one of the accomplices removed a gold ring from the complainant's finger.

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


Summaries of

People v. Braxton

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2000
273 A.D.2d 23 (N.Y. App. Div. 2000)
Case details for

People v. Braxton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS BRAXTON…

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

Date published: Jun 6, 2000

Citations

273 A.D.2d 23 (N.Y. App. Div. 2000)
708 N.Y.S.2d 867