People v. Foster

Appellate Division of the Supreme Court of New York

People v. Foster

268 A.D.2d 238, 700 N.Y.S.2d 689, 2000 N.Y. App. Div. LEXIS 59

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

DecidedJanuary 6, 2000

StatusPublished

This text of 268 A.D.2d 238 (People v. Foster) 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. Foster, 268 A.D.2d 238, 700 N.Y.S.2d 689, 2000 N.Y. App. Div. LEXIS 59 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered July 6, 1998, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

Defendant’s motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) was properly denied since he failed to provide notice in accordance with CPL 190.50 (5) (a).

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). We see no reason to disturb the jury’s determinations as to the credibility of witnesses. Concur—Rosenberger, J. P., Nardelli, Ellerin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered July 6, 1998, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

Defendant’s motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) was properly denied since he failed to provide notice in accordance with CPL 190.50 (5) (a).

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). We see no reason to disturb the jury’s determinations as to the credibility of witnesses. Concur—Rosenberger, J. P., Nardelli, Ellerin, Saxe and Buckley, JJ.

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Bluebook (online)

268 A.D.2d 238, 700 N.Y.S.2d 689, 2000 N.Y. App. Div. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-foster-nyappdiv-2000.

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