Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Vitolino Genese, Appellant

266 A.D.2d 309698 N.Y.S.2d 516·New York Supreme Court, Appellate Division·1999·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Vitolino Genese, Appellant. [698 NYS2d 516] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Weissman, J.), rendered November 24, 1997, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt 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, GPL 470.15 [5]). The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). The defendant’s remaining contentions are without merit. Mangano, P. J., Bracken, S. Miller and Sullivan, JJ., concur.