People v. Atkins

Appellate Division of the Supreme Court of New York

People v. Atkins

182 A.D.2d 531, 582 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 6202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1992

StatusPublished

Cited by1 cases

This text of 182 A.D.2d 531 (People v. Atkins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Atkins, 182 A.D.2d 531, 582 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 6202 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Robert Haft, J.), rendered January 3, 1990, convicting defendant, after a jury trial, of one count of robbery in the first degree and two counts of robbery in the second degree and sentencing him to concurrent terms of imprisonment of 5 to 15 years, unanimously affirmed.

Police officers on routine patrol observed defendant struggling with the complainant, a taxicab driver, in a parked cab. Defendant was discovered to be armed with a chisel, with which he inflicted wounds on the complainant, and was also found in possession of money claimed by the complainant to have been stolen from him. Defendant testified that he observed the complainant and a woman having sex in the cab, and then struggling with each other, at which point he came to the woman’s aid. The jury was entitled to determine which account it found more credible (People v Mosley, 112 AD2d 812, affd 67 NY2d 985) and we discern no basis to set aside the verdict either as legally insufficient or as against the weight of the evidence. Nor do we find the sentence imposed was meant to punish defendant for exercising his right to a jury trial, or otherwise unduly harsh in light of the nature of the crime and defendant’s past criminal history. Concur— Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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Judgment, Supreme Court, New York County (Robert Haft, J.), rendered January 3, 1990, convicting defendant, after a jury trial, of one count of robbery in the first degree and two counts of robbery in the second degree and sentencing him to concurrent terms of imprisonment of 5 to 15 years, unanimously affirmed.

Police officers on routine patrol observed defendant struggling with the complainant, a taxicab driver, in a parked cab. Defendant was discovered to be armed with a chisel, with which he inflicted wounds on the complainant, and was also found in possession of money claimed by the complainant to have been stolen from him. Defendant testified that he observed the complainant and a woman having sex in the cab, and then struggling with each other, at which point he came to the woman’s aid. The jury was entitled to determine which account it found more credible (People v Mosley, 112 AD2d 812, affd 67 NY2d 985) and we discern no basis to set aside the verdict either as legally insufficient or as against the weight of the evidence. Nor do we find the sentence imposed was meant to punish defendant for exercising his right to a jury trial, or otherwise unduly harsh in light of the nature of the crime and defendant’s past criminal history. Concur— Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 531, 582 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 6202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-atkins-nyappdiv-1992.

Opinion

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