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People v. Smith

281 A.D.2d 646 Court N.Y. App. Div. Decision date 2001-03-26 English

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p. 646
The People of the State of New York, Respondent, v Julius Smith, Appellant.
[722 NYS2d 395]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (LaTorella, J.), rendered February 23, 1998, convicting him of robbery in the first degree, upon a jury verdict, 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 (see, CPL 470.15 [5]).

The defendant’s sentence was neither harsh nor excessive (see, People v Felix, 58 NY2d 156 ; People v Suitte, 90 AD2d 80 ). Altman, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.

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