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People v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1994
204 A.D.2d 655 (N.Y. App. Div. 1994)

Opinion

May 23, 1994

Appeal from the County Court, Nassau County (Baker, J.).


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 the evidence was legally sufficient to establish the defendant's identity as the perpetrator of the robbery. 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 prosecutor's comments did not deprive the defendant of a fair trial (see, People v. Fludd, 195 A.D.2d 478; People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

The sentence imposed was neither excessive nor unduly harsh (see, People v. Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find them to be without merit. Lawrence, J.P., Copertino, Altman and Goldstein, JJ., concur.


Summaries of

People v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1994
204 A.D.2d 655 (N.Y. App. Div. 1994)
Case details for

People v. Cunningham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CUNNINGHAM…

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

Date published: May 23, 1994

Citations

204 A.D.2d 655 (N.Y. App. Div. 1994)
614 N.Y.S.2d 236