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People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 147 (N.Y. App. Div. 2000)

Opinion

June 22, 2000.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered December 11, 1997, convicting defendant, after a nonjury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Kenneth S. Levine, for respondent.

Cheryl P. Williams, for defendant-appellant.

Before: Williams, J.P., Tom, Lerner, Andrias, Friedman, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility. The credible evidence warranted the inference that defendant used force for the purpose of overcoming resistance to his retention of the stolen bicycle.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 147 (N.Y. App. Div. 2000)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HERIBERTO NIEVES…

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

Date published: Jun 22, 2000

Citations

273 A.D.2d 147 (N.Y. App. Div. 2000)
710 N.Y.S.2d 893