People v Jabbar

People v Jabbar 2012 NY Slip Op 06649 Decided on October 4, 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 October 4, 2012
Andrias J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.
8167 3546/10

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

v

Naim Jabbar, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Carl S. Kaplan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karinna M.
Arroyo of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered January 6, 2011, convicting defendant, after a jury trial, of robbery in the third degree and fraudulent accosting, and sentencing him, as a second felony offender, to an aggregate term of 3½ to 7 years, unanimously affirmed.

We reject defendant's challenges to the sufficiency and weight of the evidence supporting the robbery conviction (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. The evidence amply supported the conclusion that, after unsuccessfully attempting to take the victim's money by way of a confidence game, defendant took the money by force (see e.g. People v Spencer, 255 AD2d 167 [1st Dept 1998], lv denied 93 NY2d 879 [1999]).

We perceive no basis for reducing the sentence.

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

ENTERED: OCTOBER 4, 2012

CLERK