Opinion
03-24-2015
The PEOPLE of the State of New York, Respondent, v. Hector RODRIGUEZ, also known as John Doe, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan and Xiyun Yang of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan and Xiyun Yang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), for respondent.
Opinion Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered May 2, 2012, convicting defendant, after a nonjury trial, of robbery in the third degree (two counts) and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 ½ to 5 years, unanimously affirmed.
The verdict was supported by 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 court's credibility determinations. The evidence supports the conclusion that when defendant used force against store employees, his intent was, at least in part, to overcome resistance to his retention of stolen merchandise (see generally People v. Gordon, 23 N.Y.3d 643, 649–651, 992 N.Y.S.2d 700, 16 N.E.3d 1178 [2014] ).
We perceive no basis for reducing the sentence.
MAZZARELLI, J.P., FRIEDMAN, SWEENY, GISCHE, KAPNICK, JJ., concur.