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People v. Olavarria

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2021
192 A.D.3d 520 (N.Y. App. Div. 2021)

Opinion

13360 Ind. No. 3560/15 Case No. 2019-5259

03-16-2021

The PEOPLE of the State of New York, Respondent, v. Saul OLAVARRIA, Defendant–Appellant.

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.


Summaries of

People v. Olavarria

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2021
192 A.D.3d 520 (N.Y. App. Div. 2021)
Case details for

People v. Olavarria

Case Details

Full title:The People of the State of New York, Respondent, v. Saul Olavarria…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 16, 2021

Citations

192 A.D.3d 520 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1520
140 N.Y.S.3d 417