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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2003
309 A.D.2d 821 (N.Y. App. Div. 2003)

Opinion

2002-01608

Submitted September 23, 2003.

October 14, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered November 29, 2001, convicting him of attempted robbery in the first degree, attempted robbery in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Noreen Healey, and Sherman Jackson of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, 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 that defendant acted in concert with, and intentionally aided, his companions with the requisite mental state ( see Penal Law § 20.00; People v. Whatley, 69 N.Y.2d 784; People v. Bracey, 41 N.Y.2d 296; People v. Mejia, 297 A.D.2d 755; People v. Armistead, 178 A.D.2d 607) . Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt on the charge of attempted robbery in the first degree was not against the weight of the evidence ( see CPL 470.15).

FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2003
309 A.D.2d 821 (N.Y. App. Div. 2003)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RICARDO RODRIGUEZ, appellant

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

Date published: Oct 14, 2003

Citations

309 A.D.2d 821 (N.Y. App. Div. 2003)
765 N.Y.S.2d 525