Opinion
2285.
November 25, 2003.
Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered May 2, 2002, convicting defendant, after a jury trial, of assault in the first degree and robbery in the second degree, and sentencing him to consecutive terms of 10 and 5 years, unanimously affirmed.
T. Charles Won, for Respondent.
Beth S. Lyons Pro Se, for Defendant-Appellant.
Before: Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ.
The verdict convicting defendant of assault in the first degree, and rejecting his justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. In any event, regardless of who may have been the initial aggressor, defendant was not justified in stabbing the victim while he was lying, unarmed, on the ground (see People v. Centeno, 291 A.D.2d 265, lv denied 98 N.Y.2d 649).
As to the robbery conviction, the evidence established that defendant forcibly took a van from the second victim and that defendant intended to deprive the victim of his van or to appropriate it to himself (see Penal Law § 155.00,[4]; People v. Jennings, 69 N.Y.2d 103, 118-19).
We perceive no basis for reducing the sentence.
Defendant's remaining contentions, including those contained in his pro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.