Opinion
13360 Ind. No. 3560/15 Case No. 2019-5259
03-16-2021
Robert S. Dean, Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx ( Matthew B. White of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx ( Matthew B. White of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.
Judgment, Supreme Court, Bronx County (Alvin M. Yearwood, J.), rendered February 1, 2018, as amended February 21, 2018, convicting defendant, after a jury trial, of robbery in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to an aggregate term of 11½ years, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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. Although no witness could identify the robber, whose face was concealed during the robbery, store employees pursued and apprehended defendant, who was in possession of the money taken in the robbery and the revolver used in its commission.
We perceive no basis for reducing the sentence.