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PEOPLE v. ROBERTS

165 A.D.2d 598 (1991)

The People of the State of New York, Respondent, v. Anthony Roberts, Appellant

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

April 25, 1991

Attorney(s) appearing for the Case

Jonathan Raines for appellant.

Robert L. Moore of counsel (Stanley R. Kaplan with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

ELLERIN, KUPFERMAN, KASSAL and RUBIN, JJ., concur.

CARRO, J. P.

This court is not only statutorily empowered to reverse a judgment of conviction which is the result of a verdict that was, in whole or in part, against the weight of the evidence (CPL 470.15 [5]), but should, in fact, do so even if the evidence is legally sufficient from a technical standpoint. (People v Bleakley, 69 N.Y.2d 490.) Applying this principle...

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