Home/Appellate Division of the Supreme Court of New York/People v. Pedroza-Castillo

People v. Pedroza-Castillo

87 A.D.3d 1167, 929 N.Y.2d 868
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 27, 2011
StatusPublished

This text of 87 A.D.3d 1167 (People v. Pedroza-Castillo) 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. Pedroza-Castillo, 87 A.D.3d 1167, 929 N.Y.2d 868 (N.Y. Ct. App. 2011).

Opinion

[1168]*1168The defendant’s contention that his conviction of attempted robbery in the first degree was not supported by legally sufficient evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Norris, 196 AD2d 512, 513 [1993]; People v Harris, 191 AD2d 643 [1993]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt as to attempted robbery in the first degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see People v Nelson, 56 AD3d 899 [2008]; People v Parker, 305 AD2d 871, 872 [2003]; People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Prudenti, PJ., Rivera, Austin and Roman, JJ., concur.

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Related

People v. Romero
859 N.E.2d 902 (New York Court of Appeals, 2006)
People v. Hawkins
900 N.E.2d 946 (New York Court of Appeals, 2008)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Harris
191 A.D.2d 643 (Appellate Division of the Supreme Court of New York, 1993)
People v. Norris
196 A.D.2d 512 (Appellate Division of the Supreme Court of New York, 1993)
People v. Parker
305 A.D.2d 871 (Appellate Division of the Supreme Court of New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
87 A.D.3d 1167, 929 N.Y.2d 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pedroza-castillo-nyappdiv-2011.