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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 646 (N.Y. App. Div. 2001)

Opinion

Submitted March 1, 2001.

March 26, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (LaTorella, J.), rendered February 23, 1998, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Paul Liu of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Lisa D. Reifenberg of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, SANDRA J. FEUERSTEIN, 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 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 sentence was neither harsh nor excessive (see, People v. Felix, 58 N.Y.2d 156; People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 646 (N.Y. App. Div. 2001)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JULIUS SMITH, APPELLANT

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

Date published: Mar 26, 2001

Citations

281 A.D.2d 646 (N.Y. App. Div. 2001)
722 N.Y.S.2d 395

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