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People v. Anderson

247 A.D.2d 484 Court N.Y. App. Div. Decision date 1998-02-09 English

Judges Miller, J. P., Sullivan, Pizzuto and Florio, JJ., concur.

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p. 484
The People of the State of New York, Respondent, v Randy Anderson, Appellant.
[667 NYS2d 948]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered December 20, 1995, convicting him of criminal sale of a controlled substance in the third degree and attempted robbery in the third degree, after a non-jury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient 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 of guilt-was not against the weight of the evidence (CPL 470.15 [5]).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 , 85).

The defendant’s remaining contention is without merit.

Miller, J. P., Sullivan, Pizzuto and Florio, JJ., concur.

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