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People v. Duncan

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 613 (N.Y. App. Div. 2001)

Opinion

September 18, 2001.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 5, 1998, convicting defendant, after a nonjury trial, of robbery in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 2½ to 5 years and 1 year, respectively, unanimously affirmed.

Christopher J. Blira-Koessler, for respondent.

Adrienne M. Gantt, for defendant-appellant.

Before: Rubin, J.P., Saxe, Buckley, Friedman, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The court properly credited testimony from the victim concerning defendant's course of conduct before and during the taking of the victim's bicycle that, when viewed as a whole, clearly established the element of force (see, People v. Woods, 41 N.Y.2d 279).


Summaries of

People v. Duncan

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 613 (N.Y. App. Div. 2001)
Case details for

People v. Duncan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ELIAS DUNCAN…

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

Date published: Sep 18, 2001

Citations

286 A.D.2d 613 (N.Y. App. Div. 2001)
730 N.Y.S.2d 223