People v Boulware

People v Boulware 2009 NY Slip Op 08972 [68 AD3d 448] December 3, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Derek Boulware, Appellant.

—[*1] Robert S. Dean, New York (Carl S. Kaplan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Kyle Mooney of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered July 2, 2008, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of eight years, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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 credibility determinations, including its rejection of defendant's testimony that each of the two incidents was a drug-related transaction instead of a robbery.

We perceive no basis for reducing the sentence. Concur—Saxe, J.P., Friedman, Acosta, Renwick and Abdus-Salaam, JJ.