People v. Carr

Appellate Division of the Supreme Court of New York

People v. Carr

249 A.D.2d 558, 671 N.Y.S.2d 343, 1998 N.Y. App. Div. LEXIS 4577

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

DecidedApril 27, 1998

StatusPublished

This text of 249 A.D.2d 558 (People v. Carr) 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.

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People v. Carr, 249 A.D.2d 558, 671 N.Y.S.2d 343, 1998 N.Y. App. Div. LEXIS 4577 (N.Y. Ct. App. 1998).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered October 7, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (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 the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight-of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v [559]*559Suitte, 90 AD2d 80). Ritter, J. P., Sullivan, Krausman and Luciano, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered October 7, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (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 the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight-of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v [559]*559Suitte, 90 AD2d 80). Ritter, J. P., Sullivan, Krausman and Luciano, JJ., concur.

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Bluebook (online)

249 A.D.2d 558, 671 N.Y.S.2d 343, 1998 N.Y. App. Div. LEXIS 4577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carr-nyappdiv-1998.

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