People v. Branch

Appellate Division of the Supreme Court of New York

People v. Branch

272 A.D.2d 338, 714 N.Y.S.2d 681, 2000 N.Y. App. Div. LEXIS 4786

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 2000·Published·Cited by 1 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered August 25, 1997, convicting him of burglary in the first degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]; People v Martinez, 186 AD2d 824).

The sentencing court did not err in ordering consecutive sentences on the burglary and robbery convictions (see, People v Yong Yun Lee, 92 NY2d 987).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Santucci, J. P., Friedmann, McGinity and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered August 25, 1997, convicting him of burglary in the first degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]; People v Martinez, 186 AD2d 824).

The sentencing court did not err in ordering consecutive sentences on the burglary and robbery convictions (see, People v Yong Yun Lee, 92 NY2d 987).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Santucci, J. P., Friedmann, McGinity and Smith, JJ., concur.

People v. Branch, 272 A.D.2d 338, 714 N.Y.S.2d 681, 2000 N.Y. App. Div. LEXIS 4786 (N.Y. Ct. App. 2000).

Pincite

272 A.D.2d 338 (People v. Branch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related