Appellate Division of the Supreme Court of New York, 1998

People v. McCargo

People v. McCargo
Appellate Division of the Supreme Court of New York · Decided June 22, 1998
251 A.D.2d 600; 673 N.Y.S.2d 939; 1998 N.Y. App. Div. LEXIS 7470
People v. McCargo

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered July 11, 1996, convicting him of robbery in the second 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.

There was no Brady violation (see, Brady v Maryland, 373 US 83) in the instant case since the People did not possess the material in question (see, People v Johnson, 195 AD2d 481).

The defendant’s remaining contentions lack merit. Mangano, P. J., Bracken, Krausman and McGinity, JJ., concur.

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