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People v. Rattler

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 788 (N.Y. App. Div. 2009)

Opinion

No. 2008-00988.

December 1, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered January 3, 2008, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Tonya Kerry of counsel), for respondent.

Before: Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490, 495).

The defendant's remaining contention is without merit.


Summaries of

People v. Rattler

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 788 (N.Y. App. Div. 2009)
Case details for

People v. Rattler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT RATTLER…

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

Date published: Dec 1, 2009

Citations

68 A.D.3d 788 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9051
888 N.Y.S.2d 896