Opinion
2014-04-10
The PEOPLE of the State of New York, Respondent, v. David PRICE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), for respondent.
GONZALEZ, P.J., ACOSTA, SAXE, RICHTER, MANZANET–DANIELS, JJ.
Judgment, Supreme Court, New York County (Benjamin Altman, J.), rendered April 22, 1981, as amended February 25 and March 12, 2010, convicting defendant, after a jury trial, of robbery in the first degree, rape in the first degree and sodomy in the first degree, and sentencing him to an aggregate term of 6 to 18 years, unanimously affirmed.
The verdict 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, including its evaluation of the victim's history of prostitution and any alleged inconsistencies in her testimony.
We perceive no basis for reducing the sentence. Where defendant absconded during trial and was returned to court involuntarily over 30 years later, neither his age nor the fact that the crimes occurred many years ago warrant further leniency.