People v. Caple

Appellate Division of the Supreme Court of New York

People v. Caple

248 A.D.2d 273, 670 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 3197

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

DecidedMarch 24, 1998

StatusPublished

This text of 248 A.D.2d 273 (People v. Caple) 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. Caple, 248 A.D.2d 273, 670 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 3197 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered February 3, 1993, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of evidence. We see no reason to disturb the jury’s credibility determination that the complainant, notwithstanding his offering of some resistance to the robbery, subjectively believed (see, People v Baskerville, 60 NY2d 374, 380) the codefendant to be armed with a pistol aimed through his pocket (see, People v Mercado, 148 AD2d 365, 366, Iv denied 73 NY2d 1018). We have reviewed defendant’s remaining arguments and find them to be without merit.

Concur — Wallach, J. P., Rubin, Williams, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered February 3, 1993, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of evidence. We see no reason to disturb the jury’s credibility determination that the complainant, notwithstanding his offering of some resistance to the robbery, subjectively believed (see, People v Baskerville, 60 NY2d 374, 380) the codefendant to be armed with a pistol aimed through his pocket (see, People v Mercado, 148 AD2d 365, 366, Iv denied 73 NY2d 1018). We have reviewed defendant’s remaining arguments and find them to be without merit.

Concur — Wallach, J. P., Rubin, Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 273, 670 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 3197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caple-nyappdiv-1998.

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