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People v. McMillian

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 2006
27 A.D.3d 295 (N.Y. App. Div. 2006)

Opinion

8092.

March 16, 2006.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered September 9, 2003, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 11 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Melvin McMillian, appellant pro se.

Robert M. Morgenthau, District Attorney, New York (Lauren Axelrod of counsel), for respondent.

Before: Mazzarelli, J.P., Marlow, Nardelli, Gonzalez and McGuire, JJ., concur.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the jury's determinations concerning credibility and identification. The People's case included identification testimony from three witnesses, as well as evidence that defendant's car was used in the crime.

We have considered and rejected the claims contained in defendant's pro se supplemental brief.


Summaries of

People v. McMillian

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 2006
27 A.D.3d 295 (N.Y. App. Div. 2006)
Case details for

People v. McMillian

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN McMILLIAN, Also…

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

Date published: Mar 16, 2006

Citations

27 A.D.3d 295 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1899
811 N.Y.S.2d 372