Legal Opinion

People v. Josey

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 2011PublishedCited by 1 opinion

1Opinion of the Court

The defendant’s contention that the circumstantial evidence presented at trial was legally insufficient to support his conviction of robbery in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). While the People’s case was based entirely on circumstantial evidence, viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference to be drawn therefrom (see People v Lewis, 64 NY2d 1111, 1112 [1985]; People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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3Cited by1 opinion

  1. People v. JamesAppellate Division of the Supreme Court of the State of New York · 2018

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