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People v. Carr

249 A.D.2d 558 Court N.Y. App. Div. Decision date 1998-04-27 English

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p. 558
The People of the State of New York, Respondent, v Melvin Carr, Appellant.
[671 NYS2d 343]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered October 7, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ). In any event, 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 (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v

p. 559
Suitte, 90 AD2d 80 ). Ritter, J. P., Sullivan, Krausman and Luciano, JJ., concur.

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