People v. Griggs

Appellate Division of the Supreme Court of New York

People v. Griggs

242 A.D.2d 339, 661 N.Y.S.2d 977

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

DecidedAugust 18, 1997

StatusPublished

This text of 242 A.D.2d 339 (People v. Griggs) 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. Griggs, 242 A.D.2d 339, 661 N.Y.S.2d 977 (N.Y. Ct. App. 1997).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered December 8, 1995, convicting him, upon a jury verdict, of robbery in the second degree and imposing sentence.

Ordered that the judgment is affirmed.

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 (CPL 470.15 [5]).

Additionally, the court properly denied, without a hearing, the defendant’s motion to set aside the verdict pursuant to CPL 330.30 (3), since the moving papers failed to satisfy the statutory requirements to support the defendant’s claim of newly-discovered evidence (see, People v Salemi, 309 NY 208, 215; People v Leka, 209 AD2d 723, 725).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is without merit. Bracken, J. P., Copertino, Altman and Florio, JJ., concur.

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