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People v. Salomon

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 335 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

After a jury trial, the defendant and his codefendant, Derek Mackey, were convicted of first and second degree robbery in connection with a gunpoint robbery on a Queens street. The defendant's contention that his guilt was not proven by legally sufficient evidence is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858). In any event, 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).

The defendant's conviction must be reversed, however, because he was substantially prejudiced by the People's delay in providing Rosario material ( see, People v. Mackey, 249 A.D.2d 329 [decided herewith]).

In light of our determination, we need not address the defendant's remaining contentions.

O'Brien, J.P., Joy, Altman and Luciano, JJ., concur.


Summaries of

People v. Salomon

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 335 (N.Y. App. Div. 1998)
Case details for

People v. Salomon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERAD SALOMON…

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

Date published: Apr 6, 1998

Citations

249 A.D.2d 335 (N.Y. App. Div. 1998)
670 N.Y.S.2d 347