People v Jacob

People v Jacob 2010 NY Slip Op 01359 [70 AD3d 486] February 16, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

The People of the State of New York, Respondent,
v
Haynes Jacob, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered March 19, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of four 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 and credibility. The evidence, viewed as a whole, warrants the conclusion that the victim was familiar with defendant's appearance as the result of many encounters with him over a period of years, and we reject defendant's arguments to the contrary.

We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Saxe, Moskowitz, Abdus-Salaam and RomÁn, JJ.