People v Batista

People v Batista 2009 NY Slip Op 02292 [60 AD3d 557] March 26, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2009

The People of the State of New York, Respondent,
v
Enrique Batista, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 25, 2006, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning identification. The victim had an ample opportunity to observe defendant during the robbery, and he gave a detective a detailed and accurate description.

We perceive no basis for reducing the sentence. Concur—Andrias, J.P., Gonzalez, Buckley and Acosta, JJ.