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People v. Nalley

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1990
167 A.D.2d 560 (N.Y. App. Div. 1990)

Opinion

November 26, 1990

Appeal from the Supreme Court, Kings County (Egitto, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the victim's death was caused in the course and furtherance of the robbery or in the immediate flight therefrom (see, Penal Law § 125.25). 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).

The sentence imposed was neither harsh nor excessive under the circumstances (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.


Summaries of

People v. Nalley

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1990
167 A.D.2d 560 (N.Y. App. Div. 1990)
Case details for

People v. Nalley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH NALLEY, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 26, 1990

Citations

167 A.D.2d 560 (N.Y. App. Div. 1990)
562 N.Y.S.2d 231

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