Opinion
No. 1792.
December 17, 2009.
Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered June 2, 2007, 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 to 6 years, unanimously affirmed.
Stanley Neustadter, New York (Christopher Fenlon of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Before: Tom, J.P., Andrias, Saxe, McGuire and Manzanet-Daniels, 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 and credibility. In addition to a reliable identification by the victim, defendant was connected to the crime through cell phone records. Although the phone service subscriber was a person other than defendant, there was a sufficient circumstantial linkage between defendant and the phone, and we reject defendant's related claim that the phone records should have been excluded as irrelevant ( see People v Mirenda, 23 NY2d 439, 452-454).
Defendant's challenge to the court's response to a jury note is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The court provided a meaningful response that could not have caused defendant any prejudice.