People v. Phillips
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence presented at the first trial was legally sufficient to establish the defendant’s guilt on the charge of robbery in the *1138first degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt on that count was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
However, we find that, even when viewed in the light most favorable to the prosecution (see…
2Cases cited25 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- Davis v. WashingtonSupreme Court of the United States · 2006
- People v. AlfaroNew York Court of Appeals · 1985
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3Cited by12 opinions
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ClayAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LouisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BeechamAppellate Division of the Supreme Court of the State of New York · 2010
- People v. FrederickAppellate Division of the Supreme Court of the State of New York · 2022
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