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People v. Caban

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 141 (N.Y. App. Div. 2003)

Opinion

1436

June 17, 2003.

Judgment, Supreme Court, Bronx County (Charles Solomon, J.), rendered November 2, 2000, convicting defendant, after a jury trial, of robbery in the second degree and attempted assault in the second degree, and sentencing him to concurrent terms of 7 years and 1 to 3 years, unanimously affirmed.

Daniel B. Navabpour, for respondent.

Luke Martland Pro Se, for defendant-appellant.

Before: Nardelli, J.P., Tom, Andrias, Sullivan, Friedman, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to minor inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations. Defendant's intent to cause serious physical injury could be readily inferred from the fact that he struck the victim in the face with such force that he broke the victim's nose and briefly rendered him unconscious (see People v. Franco, 271 A.D.2d 383, lv denied 95 N.Y.2d 865).

Defendant received effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 713-714).

We perceive no basis for reducing the sentence.

The other contentions contained in defendant's pro se supplemental brief are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Caban

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 141 (N.Y. App. Div. 2003)
Case details for

People v. Caban

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HURIEL CABAN…

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

Date published: Jun 17, 2003

Citations

306 A.D.2d 141 (N.Y. App. Div. 2003)
760 N.Y.S.2d 321

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