Opinion
June 30, 1992
Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).
Evidence at trial was that defendant and another person forcibly stole clothing from complainant while he was working in his family's clothing store, and that during defendant's flight from the scene of the crime, he punched complainant in the face and threatened him with a screwdriver. Shortly thereafter, the police apprehended defendant and his accomplice, recovering two pairs of pants stolen from complainant and a screwdriver. Upon an independent review of the facts, we find that the verdict on the robbery count is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The issue raised by defendant concerning complainant's credibility, including his uncorroborated claim that he was physically assaulted and threatened with a screwdriver, was properly placed before the jury, and, after considering the competing inferences that may be drawn from the testimony, we find no reason to disturb its determination. Also without merit is defendant's contention that the court violated his right to due process by enhancing the sentence ostensibly in consideration of two uncorroborated allegations of murder. Upon examination of the sentencing transcript and the presentence report, and mindful that a sentence should not be reduced on appeal absent a clear abuse of discretion (People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951; People v. Garden, 176 A.D.2d 621, 622, lv denied 79 N.Y.2d 947), we find no such abuse of discretion here.
Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Rubin, JJ.