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People v. Gumbs

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 677 (N.Y. App. Div. 2004)

Opinion

2001-05308.

Decided June 28, 2004.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullin, J.), rendered May 18, 2001, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Schapiro Reich, Lindenhurst, N.Y. (Perry S. Reich of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Cameron Kenny of counsel), for respondent.

Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT A. SPOLZINO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of robbery in the first degree is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245) . In any event, viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

The defendant's remaining contentions either are unpreserved for appellate review, without merit, or do not require reversal.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.


Summaries of

People v. Gumbs

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 677 (N.Y. App. Div. 2004)
Case details for

People v. Gumbs

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EDDIE GUMBS, A/K/A EDWARD A. GUMBS…

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

Date published: Jun 28, 2004

Citations

8 A.D.3d 677 (N.Y. App. Div. 2004)
778 N.Y.S.2d 892

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