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People v. Batista

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2009
60 A.D.3d 557 (N.Y. App. Div. 2009)

Opinion

No. 163.

March 26, 2009.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 25, 2006, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 to 7 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Before: Andrias, J.P., Gonzalez, Buckley and Acosta, JJ.


The verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the jury's determinations concerning identification. The victim had an ample opportunity to observe defendant during the robbery, and he gave a detective a detailed and accurate description.

We perceive no basis for reducing the sentence.


Summaries of

People v. Batista

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2009
60 A.D.3d 557 (N.Y. App. Div. 2009)
Case details for

People v. Batista

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE BATISTA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 2009

Citations

60 A.D.3d 557 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2292
874 N.Y.S.2d 808