People v. Francis

Decision Date30 January 1995
PartiesThe PEOPLE, etc., Respondent, v. Wayne FRANCIS, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (Joseph O. Holmes of counsel), for appellant.

Appellant pro se.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Sholom J. Twersky, and Ingrid Wyllie, of counsel), for respondent.

Appeal by the defendant from two judgments of the Supreme Court, Kings County (Harkavy, J.), both rendered November 17, 1992, convicting him of robbery in the first degree and robbery in the second degree under Indictment No. 1294/92, upon a jury verdict, and attempted robbery in the first degree under Indictment No. 11868/91, upon his plea of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it is 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 is not against the weight of the evidence (CPL 470.15[5].

We have examined the defendant's remaining contentions regarding his convictions under both indictments, including those raised in his supplemental pro se brief, and find them to be without merit.

BRACKEN, J.P., and ROSENBLATT, O'BRIEN and ALTMAN, JJ., concur.

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5 cases
  • People v. Miller
    • United States
    • New York Supreme Court — Appellate Division
    • April 13, 1998
    ...708, 530 N.Y.S.2d 52, 525 N.E.2d 698; People v. Baldi, 54 N.Y.2d 137, 146-147, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Francis, 211 A.D.2d 812, 813, 621 N.Y.S.2d 918). The defendant's contention that the court improperly adjudicated him a second felony offender is unpreserved for appell......
  • People v. Figueroa
    • United States
    • New York Supreme Court — Appellate Division
    • January 30, 1995
  • People v. Gillard
    • United States
    • New York Supreme Court — Appellate Division
    • January 30, 1995
  • People v. Francis
    • United States
    • New York Supreme Court — Appellate Division
    • March 25, 1996
    ...the ground of ineffective assistance of appellate counsel, a decision and order of this court, dated January 30, 1995 (People v. Francis, 211 A.D.2d 812, 621 N.Y.S.2d 918), affirming two judgments of the Supreme Court, Kings County, both rendered November 17, ORDERED that the application is......
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