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People v. Rattler

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 1, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
HERBERT RATTLER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered January 3, 2008, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT & SANDRA L. SGROI, JJ.

(Ind. No. 10888/06)

DECISION & ORDER

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 our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490, 495).

The defendant's remaining contention is without merit.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

20091201

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