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PEOPLE v. SMITH

198 A.D.2d 454 (1993)

604 N.Y.S.2d 158

The People of the State of New York, Respondent, v. Andre Smith, Appellant

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

November 22, 1993

Ordered that the judgment is affirmed.

The defendant was indicted under an accomplice theory for felony murder for the robbery and shooting death of a livery cab driver. The defendant contends that he is entitled to reversal because the circumstantial evidence was legally insufficient to warrant conviction. We disagree.

Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620

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