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People v. McCarrick [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
(N.Y. App. Div. Oct. 4, 1999)

Opinion

Argued June 7, 1999

October 4, 1999

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered June 18, 1997, convicting him of robbery in the first degree (two counts), robbery in the second degree (four counts), and assault in the second degree (five counts), upon a jury verdict, and imposing sentence.

Richard E. Mischel, P.C., New York, N.Y. (Steven R. Kartagener of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and Maryanne Luciano of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 beyond a reasonable doubt. 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, 470.15[5]).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

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

THOMPSON, J.P., ALTMAN, FEUERSTEIN, and SCHMIDT, JJ., concur.


Summaries of

People v. McCarrick [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
(N.Y. App. Div. Oct. 4, 1999)
Case details for

People v. McCarrick [2d Dept 1999

Case Details

Full title:The People, etc., respondent, v. Matthew McCarrick, appellant. (Ind. No…

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

Date published: Oct 4, 1999

Citations

(N.Y. App. Div. Oct. 4, 1999)