From Casetext: Smarter Legal Research

People v. Tillman

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2001
287 A.D.2d 525 (N.Y. App. Div. 2001)

Opinion

(Ind. No. 1800/98)

Submitted September 24, 2001.

October 9, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered May 20, 1999, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Steven Chang, and Keith Kalmus of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). 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 remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not warrant reversal.

ALTMAN, J.P., McGINITY, H. MILLER and FEUERSTEIN, JJ., concur.


Summaries of

People v. Tillman

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2001
287 A.D.2d 525 (N.Y. App. Div. 2001)
Case details for

People v. Tillman

Case Details

Full title:THE PEOPLE, ETC, RESPONDENT, v. DERRICK TILLMAN, APPELLANT

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

Date published: Oct 9, 2001

Citations

287 A.D.2d 525 (N.Y. App. Div. 2001)
731 N.Y.S.2d 396