Opinion
1586 4277/11
06-28-2016
The People of the State of New York, Respondent, v. Juan Martinez, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Sara N. Maeder of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Sara N. Maeder of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered June 7, 2013, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348—349 [2007]). There is no basis for disturbing the jury's determinations concerning identification and credibility. The evidence also supports the conclusion that property was taken from the victim during the incident.
We do not find the sentence to be excessive.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 28, 2016
DEPUTY CLERK