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People v. Clark

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 655 (N.Y. App. Div. 1999)

Opinion

Argued May 11, 1999

June 28, 1999

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered September 4, 1997, convicting him of robbery in the second degree (two counts) and resisting arrest, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and Michael K. Degree of counsel), for respondent.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

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 of robbery in the second degree 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).

The defendant has failed to preserve his remaining contentions for appellate review (CPL 470.05), and we decline to consider these contentions in the exercise of our interest of justice jurisdiction.


Summaries of

People v. Clark

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 655 (N.Y. App. Div. 1999)
Case details for

People v. Clark

Case Details

Full title:THE PEOPLE, etc., respondent, v. ISMAIL CLARK, appellant. (Ind. No. 511/96)

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

Date published: Jun 28, 1999

Citations

262 A.D.2d 655 (N.Y. App. Div. 1999)
691 N.Y.S.2d 889