Opinion
11875 Ind. No. 1222/17 Case No. 2019-5712
09-29-2020
The PEOPLE of the State of New York, Respondent, v. Angelo TORRES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), and White & Case LLP, New York (Tai Park of counsel), for appellant. Cyrus R. Vance Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), and White & Case LLP, New York (Tai Park of counsel), for appellant.
Cyrus R. Vance Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Friedman, J.P., Mazzarelli, Kern, Kennedy, JJ.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered February 27, 2018, as amended April 11, 2018, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 1/2 to 5 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. The evidence supports the conclusion that when defendant used force against a store clerk, his intent was to overcome the clerk's resistance to his retention of stolen property, and not, as he argues, solely to effectuate his escape (see People v. Gordon, 23 N.Y.3d 643, 650, 992 N.Y.S.2d 700, 16 N.E.3d 1178 [2014] ).
We perceive no basis for reducing the sentence.