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People v. Newton

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 405 (N.Y. App. Div. 1999)

Opinion

Argued October 5, 1999

November 15, 1999

Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and David Frey of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, WILLIAM C. THOMPSON, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered May 8, 1997, convicting him of robbery in the first degree, robbery in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the circumstantial evidence against him was insufficient to establish his guilt beyond a reasonable doubt and that the verdict was against the weight of the evidence. We disagree. 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, CPL 470.15[5]).

O'BRIEN, J.P., RITTER, SANTUCCI, and THOMPSON, JJ., concur.


Summaries of

People v. Newton

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 405 (N.Y. App. Div. 1999)
Case details for

People v. Newton

Case Details

Full title:THE PEOPLE, etc., respondent, v. TONY NEWTON, appellant. (Ind. No. 644/95)

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

Date published: Nov 15, 1999

Citations

266 A.D.2d 405 (N.Y. App. Div. 1999)
698 N.Y.S.2d 156