People v. McCargo

251 A.D.2d 600, 673 N.Y.S.2d 939, 1998 N.Y. App. Div. LEXIS 7470
Appellate Division of the Supreme Court of the State of New York·Decided June 22, 1998·Published·Cited by 3 cases

Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered July 11, 1996, convicting him of robbery in the second degree, upon a jury verdict, 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.

There was no Brady violation (see, Brady v Maryland, 373 US 83) in the instant case since the People did not possess the material in question (see, People v Johnson, 195 AD2d 481).

The defendant’s remaining contentions lack merit. Mangano, P. J., Bracken, Krausman and McGinity, JJ., concur.

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People v. McCargo, 251 A.D.2d 600, 673 N.Y.S.2d 939, 1998 N.Y. App. Div. LEXIS 7470 (N.Y. Ct. App. 1998).

251 A.D.2d 600 (People v. McCargo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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