PEOPLE v. OUTING

260 KA 18-00925.

203 A.D.3d 1691 (2022)

162 N.Y.S.3d 844

2022 NY Slip Op 01928

The People of the State of New York, Respondent, v. Dayquawn Outing, 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 ( J. SCOTT PORTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MARTIN P. McCARTHY , II, OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of robbery in the second degree (Penal Law § 160.10[1]). Defendant's conviction stems from an assault committed by defendant and the codefendant, after which defendant took the victim's cell phone, which the victim had dropped during the assault. Defendant contends that the evidence is legally insufficient...

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