PEOPLE v. FABRE

2856, 6051/11.

146 A.D.3d 652 (2017)

2017 NY Slip Op 00445

45 N.Y.S.3d 94

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM FABRE, Appellant.

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

Decided January 24, 2017.


Defendant's legal sufficiency claim is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. The conduct of defendant and his codefendants, during an incident where they detained the victims while impersonating police officers, satisfied the element of force under the principles set forth in People v Smith (22 N.Y.3d 1092 [2014]).

We find the sentence excessive...

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