People v. Howard

305 A.D.2d 1070, 758 N.Y.S.2d 893, 2003 N.Y. App. Div. LEXIS 4840

Opinion

—Appeal from a judgment of Oneida County Court (Donalty, J.), entered March 5, 2001, convicting defendant after a jury trial of robbery in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). Defendant’s farther contention concerning the severity of the sentence is without merit. Present — Pigott, Jr., P.J., Hurlbutt, Scudder, Lawton and Hayes, JJ.