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People v. Billups

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1994
201 A.D.2d 740 (N.Y. App. Div. 1994)

Opinion

February 28, 1994

Appeal from the Supreme Court, Kings County (Gerges, J.).


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the defendant's conviction of robbery in the first degree from 12 1/2 to 25 years' imprisonment to 8 to 16 years' imprisonment; as so modified, the judgment is affirmed.

The record demonstrates that the defendant failed to establish a factual basis to support his contention that there existed undisclosed Rosario material (see, People v. Poole, 48 N.Y.2d 144, 149; People v. Jones, 196 A.D.2d 559; cf., People v. Adger, 75 N.Y.2d 723). Accordingly, the trial court properly declined to conduct a hearing with respect to the defendant's Rosario contention.

The defendant's sentence was excessive to the extent indicated.

We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.


Summaries of

People v. Billups

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1994
201 A.D.2d 740 (N.Y. App. Div. 1994)
Case details for

People v. Billups

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT BILLUPS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 1994

Citations

201 A.D.2d 740 (N.Y. App. Div. 1994)
609 N.Y.S.2d 845

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