People v Pleasant

People v Pleasant 2011 NY Slip Op 06595 Decided on September 27, 2011 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, 2011
Andrias, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
5582 1113/09

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

v

Benjamin Pleasant, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York
(Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L.
Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered December 14, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of two counts of attempted robbery in the second degree and two counts of assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 4½ 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. The evidence supports inferences that defendant intended to forcibly steal property
while aided by others, and that the victims were physically injured in the course of an attempt to take property.

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

ENTERED: SEPTEMBER 27, 2011

CLERK