People v Eleby

People v Eleby 2013 NY Slip Op 00120 Decided on January 10, 2013 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 January 10, 2013
Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.
8970 1350/09

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

v

Jermaine Eleby, Defendant-Appellant.




Richard M. Greenberg, Office of Appellate Defender, New
York (Risa Gerson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of
counsel), for respondent.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered April 9, 2010, convicting defendant, after a jury trial, of robbery in the third degree and burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3½ to 7 years, unanimously affirmed.

We reject defendant's claim that the robbery verdict was 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 supported the conclusion that defendant was still in possession of stolen merchandise at the time he violently struggled with two store security guards, and that he used force to retain that property.

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

ENTERED: JANUARY 10, 2013

CLERK