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People v. Roth

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 869 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Niagara County Court, Hannigan, J.

Present — Denman, P.J., Pine, Wesley, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction following a jury trial of burglary in the first degree, rape in the first degree, criminal trespass in the second degree and two counts of assault in the third degree. Viewing the evidence in the light most favorable to the People (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), we conclude that defendant's conviction is supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that defendant's sentence is neither unduly harsh nor severe.

We have considered the remaining contentions of defendant raised in his pro se supplemental brief and conclude that they are without merit.


Summaries of

People v. Roth

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 869 (N.Y. App. Div. 1995)
Case details for

People v. Roth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL P. ROTH…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 869 (N.Y. App. Div. 1995)
629 N.Y.S.2d 695