People v. Clarke

Appellate Division of the Supreme Court of New York

People v. Clarke

302 A.D.2d 213, 753 N.Y.S.2d 376, 2003 N.Y. App. Div. LEXIS 839

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

DecidedFebruary 4, 2003

StatusPublished

This text of 302 A.D.2d 213 (People v. Clarke) 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. Clarke, 302 A.D.2d 213, 753 N.Y.S.2d 376, 2003 N.Y. App. Div. LEXIS 839 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered April 25, 2000, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.

The verdict was based on sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The evidence clearly established that defendant forcibly stole the victim’s necklace and did not merely assault him.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]). Concur — Nardelli, J.P., Andrias, Buckley, Rosenberger and Friedman, JJ.

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Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered April 25, 2000, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.

The verdict was based on sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The evidence clearly established that defendant forcibly stole the victim’s necklace and did not merely assault him.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]). Concur — Nardelli, J.P., Andrias, Buckley, Rosenberger and Friedman, JJ.

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Bluebook (online)

302 A.D.2d 213, 753 N.Y.S.2d 376, 2003 N.Y. App. Div. LEXIS 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clarke-nyappdiv-2003.

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