Opinion
February 11, 1999
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. With respect to the conviction for robbery in the second degree pursuant to Penal Law § 160.10 (2) (b), there was ample evidence of defendant's display of what appeared to be a firearm (see, People v. Lopez, 73 N.Y.2d 214; People v. Baskerville, 60 N.Y.2d 374). Given the jury's credibility determinations, which we see no reason to disturb, the jury could have reasonably inferred that the victim perceived that he was being threatened by a firearm. With respect to the two assault convictions pursuant to Penal Law § 120.05 (3), we find that the People established a sufficiently direct link between defendant's conduct and the injuries suffered by the two police officers (see, People v. Hernandez, 82 N.Y.2d 309; People v. Pierce, 201 A.D.2d 677, lv denied 83 N.Y.2d 914).
We perceive no abuse of sentencing discretion, and conclude that the sentence was not based on any improper criteria.
Concur — Rosenberger, J. P., Lerner, Mazzarelli and Saxe, JJ.