Opinion
1455
June 19, 2003.
Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered September 7, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.
Melissa R. DiPalo, for respondent.
Karen Leslie-Mavridis, for defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Ellerin, Williams, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the jury's determinations concerning identification. We conclude that the victim had a sufficient opportunity to observe defendant at the time of the crime and was able to make a reliable identification.
The court properly exercised its discretion in denying defendant youthful offender treatment (see People v. Drayton, 39 N.Y.2d 580, 584).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.