Opinion
7723 Ind. 5393/14
11-27-2018
The PEOPLE of the State of New York, Respondent, v. James BAKER, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Elizabeth McLean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Elizabeth McLean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.
Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered January 5, 2016, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations, including its resolution of alleged inconsistencies. The evidence established that defendant threatened to shoot the victim while simulating the presence of a firearm.