People v. Brooks

Appellate Division of the Supreme Court of New York

People v. Brooks

237 A.D.2d 139, 655 N.Y.S.2d 356, 1997 N.Y. App. Div. LEXIS 2330

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

DecidedMarch 11, 1997

StatusPublished

Cited by1 cases

This text of 237 A.D.2d 139 (People v. Brooks) 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. Brooks, 237 A.D.2d 139, 655 N.Y.S.2d 356, 1997 N.Y. App. Div. LEXIS 2330 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 16, 1995, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant intentionally aided his cohorts (see, People v Davis, 186 AD2d 437, lv denied 81 NY2d 787). Evidence that the complainant’s lip bled a great deal and that his mouth and lip were swollen and painful for several days established physical injury (see, People v Pope, 174 AD2d 319, lv denied 78 NY2d 1079). We perceive no abuse of sentencing discretion. Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 16, 1995, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant intentionally aided his cohorts (see, People v Davis, 186 AD2d 437, lv denied 81 NY2d 787). Evidence that the complainant’s lip bled a great deal and that his mouth and lip were swollen and painful for several days established physical injury (see, People v Pope, 174 AD2d 319, lv denied 78 NY2d 1079). We perceive no abuse of sentencing discretion. Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Bluebook (online)

237 A.D.2d 139, 655 N.Y.S.2d 356, 1997 N.Y. App. Div. LEXIS 2330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brooks-nyappdiv-1997.

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