People v. Owens

Appellate Division of the Supreme Court of New York

People v. Owens

265 A.D.2d 187, 696 N.Y.S.2d 676, 1999 N.Y. App. Div. LEXIS 10172

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

DecidedOctober 12, 1999

StatusPublished

This text of 265 A.D.2d 187 (People v. Owens) 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. Owens, 265 A.D.2d 187, 696 N.Y.S.2d 676, 1999 N.Y. App. Div. LEXIS 10172 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme [188]*188Court, New York County (Laura Drager, J.), rendered January 30, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s sufficiency claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient notwithstanding the acquittals of defendant and his codefendant on another count (see, People v Tucker, 55 NY2d 1, 7). Moreover, even were we to interpret these acquittals as suggested by defendant on appeal, we would still find the evidence to be legally sufficient. Concur — Williams, J. P., Tom, Lerner, Rubin and Saxe, JJ.

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—Judgment, Supreme [188]*188Court, New York County (Laura Drager, J.), rendered January 30, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s sufficiency claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient notwithstanding the acquittals of defendant and his codefendant on another count (see, People v Tucker, 55 NY2d 1, 7). Moreover, even were we to interpret these acquittals as suggested by defendant on appeal, we would still find the evidence to be legally sufficient. Concur — Williams, J. P., Tom, Lerner, Rubin and Saxe, JJ.

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Bluebook (online)

265 A.D.2d 187, 696 N.Y.S.2d 676, 1999 N.Y. App. Div. LEXIS 10172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-owens-nyappdiv-1999.

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