Opinion
7675 Ind. 2325/15
11-20-2018
The PEOPLE of the State of New York, Respondent, v. Luis DIAZ, Defendant–Appellant.
Arnold & Porter Kaye Scholer, New York (Ian Jay of counsel), and Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent. Luis Diaz, appellant pro se.
Arnold & Porter Kaye Scholer, New York (Ian Jay of counsel), and Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Luis Diaz, appellant pro se.
Sweeny, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered March 7, 2016, as amended April 27, 2016, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of five years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations, including its rejection of defendant's attempt to explain his confession of guilt.
We perceive no basis for reducing the sentence.
We have considered and rejected defendant's pro se claims.