People v Allick

People v Allick 2012 NY Slip Op 01363 Decided on February 23, 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 February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
6892 770/08

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

v

Michael Allick, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Jonathan M. Kirshbaum of counsel), and Chadbourne & Parke
LLP, New York (Nicolas A. Stebinger of counsel),for appellant.
Robert T. Johnson, District Attorney, Bronx (Nancy D. Killian
of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered May 12, 2010, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, 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 credibility determinations, including its resolution of minor inconsistencies in testimony. The testimony of the two principal witnesses was consistent as to the material facts.

We perceive no basis for reducing the sentence.

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

ENTERED: FEBRUARY 23, 2012

CLERK