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People v. West

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1996
233 A.D.2d 277 (N.Y. App. Div. 1996)

Opinion

November 26, 1996.

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered June 15, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Before: Rosenberger, J.P., Rubin, Ross, Tom and Andrias, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's claim that the evidence was insufficient to sustain his conviction of robbery in the second degree given his acquittal of robbery in the first degree is merely a "` "masked repugnancy argument" "that defendant failed to preserve by not raising it prior to the jury's discharge ( People v Smith, 197 AD2d 373, lv denied 82 NY2d 903). In any event, the acquittal on one count does not undermine the weight and sufficiency of the evidence on the count of which defendant was convicted.


Summaries of

People v. West

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1996
233 A.D.2d 277 (N.Y. App. Div. 1996)
Case details for

People v. West

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES WEST, Appellant

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

Date published: Nov 26, 1996

Citations

233 A.D.2d 277 (N.Y. App. Div. 1996)
650 N.Y.S.2d 541

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