Opinion
2013-01-10
The PEOPLE of the State of New York, Respondent, v. Daniel GONZALEZ, Defendant–Appellant.
Richard M. Greenberg, Office of Appellate Defender, New York (Kevin Vanlandingham of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Richard M. Greenberg, Office of Appellate Defender, New York (Kevin Vanlandingham of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Judgment, Supreme Court, New York County (Analisa Torres, J.), rendered June 7, 2010, convicting defendant, after a jury trial, of robbery in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 3 1/2 to 7 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 evaluation of inconsistencies between the victim's testimony and his prior statements, or the jury's finding that defendant intended to permanently deprive the victim of his property.
We perceive no basis for reducing the sentence.