People v. Millery

Appellate Division of the Supreme Court of New York

People v. Millery

217 A.D.2d 596, 628 N.Y.S.2d 601, 1995 N.Y. App. Div. LEXIS 7708

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

DecidedJuly 10, 1995

StatusPublished

This text of 217 A.D.2d 596 (People v. Millery) 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. Millery, 217 A.D.2d 596, 628 N.Y.S.2d 601, 1995 N.Y. App. Div. LEXIS 7708 (N.Y. Ct. App. 1995).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered April 16, 1993, convicting her of murder in the second degree (two counts), robbery in the first [597]*597degree, assault in the first degree, and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review her specific contention that the evidence was legally insufficient to establish her intent to participate in the robbery beyond a reasonable doubt (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that there was legally sufficient direct and circumstantial evidence 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered April 16, 1993, convicting her of murder in the second degree (two counts), robbery in the first [597]*597degree, assault in the first degree, and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review her specific contention that the evidence was legally insufficient to establish her intent to participate in the robbery beyond a reasonable doubt (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that there was legally sufficient direct and circumstantial evidence 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

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Bluebook (online)

217 A.D.2d 596, 628 N.Y.S.2d 601, 1995 N.Y. App. Div. LEXIS 7708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-millery-nyappdiv-1995.

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