Appellate Division of the Supreme Court of New York, 1988

People v. Edwards

People v. Edwards
Appellate Division of the Supreme Court of New York · Decided July 7, 1988
142 A.D.2d 964; 530 N.Y.S.2d 1016; 1988 N.Y. App. Div. LEXIS 14992
People v. Edwards

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Upon the exercise of our power of independent review (see, People v Bleakley, 69 NY2d 490), we find that the implicit finding of an intent to steal was not contrary to the weight of the credible evidence. We also conclude that the trial court did not abuse its discretion by refusing to dismiss the indictment in the interest of justice pursuant to CPL 210.40.

We have considered defendant’s remaining contention and find it to lack merit. (Appeal from judgment of Monroe County Court, Maloy, J.—grand larceny, third degree.) Present—Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.

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