Opinion
6305 Ind. 3673/13
04-19-2018
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hilary Hassler of counsel), for respondent
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hilary Hassler of counsel), for respondent
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered July 29, 2014, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.
The verdict was not against the weight of the evidence ( People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The victim's testimony was corroborated by, among other things, a 911 call and a surveillance video, and defendant's suggestion that the encounter was something other than a robbery is speculative.We perceive no abuse of sentencing discretion.