Opinion
2014-04-29
The PEOPLE of the State of New York, Respondent, v. Devine SWEEPER, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Andrew Fine of counsel), and Kirkland & Ellis LLP, New York (Geoffrey A. David of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Andrew Fine of counsel), and Kirkland & Ellis LLP, New York (Geoffrey A. David of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered February 18, 2011, convicting defendant, after a jury trial, of robbery in the second and third degrees and petit larceny, and sentencing him to an aggregate term of four 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 determinations concerning credibility and identification, including its evaluations of any inconsistencies in testimony. GONZALEZ, P.J., SWEENY, MOSKOWITZ, RICHTER, CLARK, JJ., concur.