People v. Nieves

Appellate Division of the Supreme Court of New York

People v. Nieves

273 A.D.2d 147, 710 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 7143

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

DecidedJune 22, 2000

StatusPublished

This text of 273 A.D.2d 147 (People v. Nieves) 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. Nieves, 273 A.D.2d 147, 710 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 7143 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered December 11, 1997, convicting defendant, after a nonjury trial, of robbery in the third degree, and sentencing [148]*148him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence warranted the inference that defendant used force for the purpose of overcoming resistance to his retention of the stolen bicycle. Concur — Williams, J. P., Tom, Lerner, Andrias, and Friedman, JJ.

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Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered December 11, 1997, convicting defendant, after a nonjury trial, of robbery in the third degree, and sentencing [148]*148him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence warranted the inference that defendant used force for the purpose of overcoming resistance to his retention of the stolen bicycle. Concur — Williams, J. P., Tom, Lerner, Andrias, and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 147, 710 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 7143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nieves-nyappdiv-2000.