People v. Braxton

Appellate Division of the Supreme Court of New York

People v. Braxton

273 A.D.2d 23, 708 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 6363

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

DecidedJune 6, 2000

StatusPublished

This text of 273 A.D.2d 23 (People v. Braxton) 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. Braxton, 273 A.D.2d 23, 708 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 6363 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment, Supreme Court, New York County (Michael Obús, J.), rendered February 24, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning cred[24]*24ibility. The evidence clearly established that defendant and his accomplices used and threatened physical force in taking the complainant’s property. Defendant tightly held on to the struggling complainant by the shoulder as one of the accomplices removed a gold ring from the complainant’s finger. Concur— Williams, J. P., Ellerin, Wallach and Rubin, JJ.

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Judgment, Supreme Court, New York County (Michael Obús, J.), rendered February 24, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning cred[24]*24ibility. The evidence clearly established that defendant and his accomplices used and threatened physical force in taking the complainant’s property. Defendant tightly held on to the struggling complainant by the shoulder as one of the accomplices removed a gold ring from the complainant’s finger. Concur— Williams, J. P., Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

273 A.D.2d 23, 708 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 6363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-braxton-nyappdiv-2000.