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People v. Frances

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 602 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his identity as one of the individuals who perpetrated the armed robbery of the complainant. 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 based upon the complainant's unequivocal identification testimony and upon the fact that the defendant was arrested in possession of the complainant's wallet and other property. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

We have reviewed the defendant's remaining contentions and find them to be without merit. Lawrence, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Frances

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 602 (N.Y. App. Div. 1989)
Case details for

People v. Frances

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY FRANCES, Also…

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

Date published: May 15, 1989

Citations

150 A.D.2d 602 (N.Y. App. Div. 1989)
541 N.Y.S.2d 470

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