People v Favourite

People v Favourite 2012 NY Slip Op 06392 Decided on September 27, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 27, 2012
Tom, J.P., Mazzarelli, Saxe, Catterson, DeGrasse, JJ. 8134-
1880/07 8135

[*1]The People of the State of New York, Respondent,

v

Rivin K. Favourite, etc., Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Bruce D. Austern of counsel), for appellant.
Rivin Favourite, appellant pro se.
Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered November 4, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of robbery in the first degree and assault in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 23 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. There was ample evidence of defendant's accessorial liability, including evidence that he
threatened the victims and demanded money.

We perceive no basis for reducing the sentence.

We have considered and rejected defendant's pro se claims.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 27, 2012

CLERK