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People v. Ariza

Supreme Court, Appellate Division, First Department, New York.
Feb 27, 2014
114 A.D.3d 607 (N.Y. App. Div. 2014)

Opinion

2014-02-27

The PEOPLE of the State of New York, Respondent, v. Carlos ARIZA, Defendant–Appellant.

Steven Banks, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.


Steven Banks, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered September 14, 2010, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of seven years, unanimously affirmed.

Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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 determinations concerning credibility and identification, including its evaluation of any inconsistencies. Defendant was identified by the victim, as well as by a witness who was acquainted with defendant. TOM, J.P., FRIEDMAN, SAXE, RICHTER, CLARK, JJ., concur.


Summaries of

People v. Ariza

Supreme Court, Appellate Division, First Department, New York.
Feb 27, 2014
114 A.D.3d 607 (N.Y. App. Div. 2014)
Case details for

People v. Ariza

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Carlos ARIZA…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Feb 27, 2014

Citations

114 A.D.3d 607 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 1383
980 N.Y.S.2d 763