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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 273 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, Bronx County (Bernard Jackson, J.).


Contrary to defendant's argument on appeal, the identification evidence, viewed in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), was legally sufficient to establish his guilt beyond a reasonable doubt. The weight of the evidence consisting of the complainant's in-court and lineup identification of defendant establishes that defendant was the person who robbed the complainant of $16 while she was waiting for an elevated train (People v. Bleakley, 69 N.Y.2d 490).

Defendant's absence from the charge conference was not a material stage of the trial at which defendant's absence, without objection, affected any substantial right of defendant, or bore any reasonably substantial relation to defendant's opportunity to defend against the charges. (People v. Romero, 168 A.D.2d 316.)

Concur — Sullivan, J.P., Wallach, Asch and Smith, JJ.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 273 (N.Y. App. Div. 1991)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH DAVIS, Appellant

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 273 (N.Y. App. Div. 1991)

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