Argued October 26, 1994 Decided November 29, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Lee Clary, J. James T. King, District Attorney of Jefferson County, Watertown (Cindy F. Intschert of counsel), for appellant. Michael F. Young, Lowville, and James R. McGraw, Syracuse, for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, and the case remitted to that court for consideration of the facts (see, CPL 470.25 [d]; 470
Argued June 7, 1995 Decided July 5, 1995 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William C. Barrett, J. Michael D. Pinnisi, Ithaca, for appellant. George M. Dentes, District Attorney of Tompkins County, Ithaca (Gary U. Surdell of counsel), for respondent. CIPARICK, J. The question presented on this appeal is whether the Grand Jury evidence is legally sufficient to support the indictment. We agree with the Appellate Division that it is. On November
No. 101929. December 17, 2009. Spain, J. Appeal from a judgment of the Supreme Court (Milano, J.), rendered July 2, 2008 in Schenectady County, upon a verdict convicting defendant of the crime of robbery in the third degree. Mark Diamond, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerard A. Dwyer of counsel), for respondent. Before: Cardona, P.J., Lahtinen, Stein and McCarthy, JJ., concur. Defendant was convicted after a jury trial of robbery in the third degree in connection
13819. Decided and Entered: February 19, 2004. Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered January 30, 2002, upon a verdict convicting defendant of the crime of robbery in the third degree. Del Atwell, Montauk, for appellant. Patricia A. De Angelis, District Attorney, Troy (Bruce E. Knoll of counsel), for respondent. Before: Mercure, J.P., Spain, Carpinello, Mugglin and Lahtinen, JJ. MEMORANDUM AND ORDER Spain, J. Following a trial, a jury convicted defendant
October 22, 1998 Appeal from the Supreme Court, New York County (William Leibovitz, J.). The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence to establish that defendant, after shoplifting two compact discs from the store, engaged in pushing, fighting, kicking and wrestling in an effort to defeat the security guards' efforts to recover the property, such as to constitute the use of physical force for the purpose of "[p]reventing