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People v. Earle

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 619 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, Queens County (Browne, J.).


Ordered that Justice Miller has been substituted for former Justice Rubin (see, 22 NYCRR 670.1 [c]); and it is further,

Ordered that the judgment is affirmed.

The defendant argues that the People failed to prove that he participated in the crime. We disagree. The defendant assisted the codefendant in robbing the victim at gunpoint, by driving a car to the scene of the crime and making the car available to the codefendant to be driven away after the robbery. 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Thompson, J.P., Brown, Eiber and Miller, JJ., concur.


Summaries of

People v. Earle

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 619 (N.Y. App. Div. 1991)
Case details for

People v. Earle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYANT EARLE, Appellant

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

Date published: Feb 19, 1991

Citations

170 A.D.2d 619 (N.Y. App. Div. 1991)
567 N.Y.S.2d 57

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