Appellate Division of the Supreme Court of New York, 1999

People v. Franks

People v. Franks
Appellate Division of the Supreme Court of New York · Decided April 29, 1999
260 A.D.2d 313; 690 N.Y.S.2d 179
People v. Franks

Opinion of the Court

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered June 20, 1996, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years, 5 to 10 years and 2 to 4 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence. The jury could have reasonably concluded that defendant intentionally aided the codefendant in forcibly retaining the proceeds of their joint shoplifting. We perceive no abuse of sentencing discretion. Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.

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