From Casetext: Smarter Legal Research

People v. Boulware

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 448 (N.Y. App. Div. 2009)

Opinion

No. 1657.

December 3, 2009.

Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered July 2, 2008, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of eight years, unanimously affirmed.

Robert S. Dean, New York (Carl S. Kaplan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Kyle Mooney of counsel), for respondent.

Before: Saxe, J.P., Friedman, Acosta, Renwick and Abdus-Salaam, JJ.


The verdict was based on legally sufficient evidence and 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 credibility determinations, including its rejection of defendant's testimony that each of the two incidents was a drug-related transaction instead of a robbery.

We perceive no basis for reducing the sentence.


Summaries of

People v. Boulware

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 448 (N.Y. App. Div. 2009)
Case details for

People v. Boulware

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK BOULWARE…

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

Date published: Dec 3, 2009

Citations

68 A.D.3d 448 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8972
888 N.Y.S.2d 882