PEOPLE v. SMITH


278 A.D.2d 75 (2000)

718 N.Y.S.2d 305

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SMITH, Appellant.

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

Decided December 14, 2000.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence established that defendant threatened the use of force in each of the two incidents, and defendant's relatively polite behavior does not warrant a contrary conclusion. The record fails to support defendant's arguments that a language barrier caused the victim to misinterpret defendant's statements, or that defendant's conduct was consistent with begging or some...

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