People v. Green

Decision Date06 February 1989
PartiesThe PEOPLE, etc., Respondent, v. Robert GREEN, Appellant.
CourtNew York Supreme Court — Appellate Division

John Bosco, Staten Island, for appellant.

William L. Murphy, Dist. Atty., Staten Island (Karen Fisher McGee and Elva Feliciano, of counsel), for respondent.

Before BRACKEN, J.P., and LAWRENCE, KUNZEMAN and KOOPER, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered October 25, 1984, convicting him of robbery in the second degree and burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence adduced at trial in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to support the conviction. The People proved that the defendant, along with two accomplices, entered a dwelling wherein they bound and gagged its lone occupant, whom they then threatened and forced to surrender her family's valuables. Unbeknownst to the perpetrators, however, a neighbor had witnessed the unlawful entry and had notified the police, who surrounded the house. The defendant and one of his accomplices were apprehended as they attempted to flee through a side door. They were found to be in possession of property removed from the house. Clearly this evidence was legally sufficient to support the defendant's convictions for robbery in the second degree (see, Penal Law § 160.10[1]; see, People v. Robinson, 127 A.D.2d 860, 512 N.Y.S.2d 238, lv. denied 70 N.Y.2d 655, 518 N.Y.S.2d 1048, 512 N.E.2d 574; People v. Dorsey, 112 A.D.2d 536, 491 N.Y.S.2d 473, lv. denied 66 N.Y.2d 763, 497 N.Y.S.2d 1036, 488 N.E.2d 122; see also, Matter of Wade F., 49 N.Y.2d 730, 426 N.Y.S.2d 263, 402 N.E.2d 1164) and burglary in the second degree (see, Penal Law § 140.25[2]; People v. Austin, 128 A.D.2d 793, 513 N.Y.S.2d 491). Moreover, upon the exercise of our factual review power (CPL 470.15[5] ), we find that the jury's verdict was not against the weight of the evidence which overwhelmingly established his guilt.

We have examined the defendant's remaining contentions and find them to be without merit (see, People v. Rawlings, 144 A.D.2d 500, 533 N.Y.S.2d 1001; People v. Crawford, 130 A.D.2d 678, 515 N.Y.S.2d 604; People v. Gavins, 118 A.D.2d 582, 499 N.Y.S.2d 442, lv. denied 67 N.Y.2d...

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2 cases
  • People v. Gill
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Febrero 1989
  • People v. Green
    • United States
    • New York Court of Appeals Court of Appeals
    • 12 Mayo 1989
    ...407 543 N.Y.S.2d 407 74 N.Y.2d 664, 541 N.E.2d 436 People v. Green (Robert) COURT OF APPEALS OF NEW YORK MAY 12, 1989 Kaye, J. 147 A.D.2d 496, 537 N.Y.S.2d 592 App.Div. 2, Richmond Denied ...

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