Opinion
2373.
December 4, 2003.
Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered January 3, 2002, 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 7 years, unanimously affirmed.
Kristin L. Vassallo, for Respondent.
Laura I. Appleman, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant threatened a store employee while still in possession of the videotapes he had just stolen. Given these circumstances, the evidence warranted the inference that defendant's words conveyed an immediate threat, and that the threat to use force was intended, at least in part, to enable defendant to retain control of the property, and was not solely intended to facilitate his escape ( see People v. Woods, 41 N.Y.2d 279, 282; People v. Jones, 282 A.D.2d 382, lv denied 96 N.Y.2d 920; People v. Brandley, 254 A.D.2d 185, lv denied 92 N.Y.2d 1028).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.