People v. Glover

Appellate Division of the Supreme Court of New York

People v. Glover

250 A.D.2d 427, 672 N.Y.S.2d 699, 1998 N.Y. App. Div. LEXIS 5567

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

DecidedMay 14, 1998

StatusPublished

Cited by1 cases

This text of 250 A.D.2d 427 (People v. Glover) 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. Glover, 250 A.D.2d 427, 672 N.Y.S.2d 699, 1998 N.Y. App. Div. LEXIS 5567 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered January 10, 1995, convicting defendant, after a non-jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant’s use of force was for the purpose of enabling him to retain possession of the stolen clothing and not merely to facilitate his escape and/or to ward off an unprovoked physical attack. We decline to disturb the court’s credibility determinations. Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered January 10, 1995, convicting defendant, after a non-jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant’s use of force was for the purpose of enabling him to retain possession of the stolen clothing and not merely to facilitate his escape and/or to ward off an unprovoked physical attack. We decline to disturb the court’s credibility determinations. Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.

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Bluebook (online)

250 A.D.2d 427, 672 N.Y.S.2d 699, 1998 N.Y. App. Div. LEXIS 5567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-glover-nyappdiv-1998.

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