Opinion
1682
September 30, 2003.
Judgment, Supreme Court, New York County (Laura Drager, J.), rendered December 21, 2000, convicting defendant, after a jury trial, of two counts each of robbery in the first and second degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years and 10 years, consecutive to concurrent terms of 10 years and 8 years, unanimously affirmed.
Zachary H. Johnson, for respondent.
Claudia S. Trupp, for defendant-appellant.
Before: Tom, J.P., Sullivan, Rosenberger, Lerner, Friedman, JJ.
The victims' testimony regarding threats and bribe offers made to them by a person claiming to be defendant's cousin was properly received because there was enough circumstantial evidence to connect this conduct to defendant and to permit the jury to draw an inference as to his consciousness of guilt (see People v. Cotto, 222 A.D.2d 345, lv denied 88 N.Y.2d 846). The court was not required to conduct a hearing prior to receiving this testimony, and defendant was not prejudiced by the absence of such a hearing.
In light of the testimony of one of the victims that defendant had used what looked like a nine millimeter pistol, the court properly admitted the 26 nine millimeter bullets found in the codefendant's apartment four days after the robbery (see People v. Jimenez, 267 A.D.2d 60, lv denied 94 N.Y.2d 921; People v. Vasquez, 214 A.D.2d 93, lv denied 88 N.Y.2d 943).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.