Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Nickelson Philogene, Appellant

215 A.D.2d 506627 N.Y.S.2d 571·New York Supreme Court, Appellate Division·1995·NY

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Opinion

The People of the State of New York, Respondent, v Nickelson Philogene, Appellant. [627 NYS2d 571] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered February 23, 1993, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of both counts of robbery in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). We have reviewed the defendant’s remaining contentions and find them to be without merit. Bracken, J. P., Rosenblatt, O’Brien and Hart, JJ., concur.