PEOPLE v. MOORE (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Norman MOORE, Defendant-Appellant.

Decided: September 16, 1997

Before MILONAS, J.P., and ROSENBERGER, WALLACH, NARDELLI and RUBIN, JJ.

Mathew Kleiner, for respondent. Dominic J. Sichenzia, for defendant-appellant.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 30, 1996, convicting defendant, after a jury trial, of two counts of attempted robbery in the second degree, and sentencing him to concurrent terms of 21/212 to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant's participation in the subject attempted robbery, including defendant's standing in close proximity to the codefendant who demanded the money, defendant's pursuit of one of the complainants down the block, and defendant's pursuit of the other complainant up the block. We see no reason to disturb the jury's credibility determinations, including the jury's rejection of defendant's attempt to provide innocent explanations for his conduct. The evidence also supports the jury's finding that one of the complainants suffered physical injury as required by Penal Law § 160.10(2) (People v. Thomas, 226 A.D.2d 120, 640 N.Y.S.2d 503, lv. denied 88 N.Y.2d 886, 645 N.Y.S.2d 461, 668 N.E.2d 432).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network