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People v. Elmore

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 404 (N.Y. App. Div. 2000)

Opinion

Argued December 13, 1999

February 10, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 5, 1996, convicting him of murder in the second degree (two counts) and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Martin M. Lucente of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Camille O'Hara Gillespie of counsel), for respondent.

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's generalized request for a trial order of dismissal was not sufficiently specific to preserve for appellate review his challenge to the legal sufficiency of the identification evidence (see, People v. Jackson, 211 A.D.2d 686 ), or his contention that the People failed to prove his intent to commit robbery beyond a reasonable doubt (see, People v. Hodges, 257 A.D.2d 630 ). In any event, 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 beyond a reasonable doubt the defendant's identity and intent to commit 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[5]).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal.


Summaries of

People v. Elmore

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 404 (N.Y. App. Div. 2000)
Case details for

People v. Elmore

Case Details

Full title:THE PEOPLE, etc., respondent, v. KENNETH ELMORE, appellant. (Ind. No…

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 404 (N.Y. App. Div. 2000)
702 N.Y.S.2d 860

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