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PEOPLE v. LOWRY

134 KA 18-00656.

203 A.D.3d 1670 (2022)

162 N.Y.S.3d 813

2022 NY Slip Op 01909

The People of the State of New York, Respondent, v. Xavier A. Lowry, Appellant.

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DEREK HARNSBERGER OF COUNSEL), FOR RESPONDENT.

Present —Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, robbery in the first degree (Penal Law § 160.15[4]). Viewing the evidence in light of the elements of the crimes as charged to the jury, we conclude that the verdict is not against the weight of the evidence (see generally People v Danielson, 9 N.Y.3d 342

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