People v. Muir

Appellate Division of the Supreme Court of New York

People v. Muir

36 A.D.3d 506, 826 N.Y.S.2d 891

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

DecidedJanuary 18, 2007

StatusPublished

This text of 36 A.D.3d 506 (People v. Muir) 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. Muir, 36 A.D.3d 506, 826 N.Y.S.2d 891 (N.Y. Ct. App. 2007).

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Opinion

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered June 27, 2005, convicting defendant, after a nonjury trial of robbery in the first degree (two counts), robbery in the second degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant acted with larcenous intent when he took the victim’s property after threatening him with a firearm. Concur — Tom, J.P, Mazzarelli, Saxe, Marlow and Catterson, JJ.

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Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered June 27, 2005, convicting defendant, after a nonjury trial of robbery in the first degree (two counts), robbery in the second degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant acted with larcenous intent when he took the victim’s property after threatening him with a firearm. Concur — Tom, J.P, Mazzarelli, Saxe, Marlow and Catterson, JJ.

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Bluebook (online)

36 A.D.3d 506, 826 N.Y.S.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muir-nyappdiv-2007.

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