People v Gonzalez

People v Gonzalez 2013 NY Slip Op 00132 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.
8986 807/09

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

v

Daniel Gonzalez, Defendant-Appellant.




Richard M. Greenberg, Office of Appellate Defender, New
York (Kevin Vanlandingham of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J.
Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Analisa Torres, J.), rendered June 7, 2010, convicting defendant, after a jury trial, of robbery in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 3½ to 7 years, 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 evaluation of inconsistencies between the victim's testimony and his prior statements, or the jury's finding that defendant intended to permanently deprive the victim of his property.

We perceive no basis for reducing the sentence.

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

ENTERED: JANUARY 10, 2013

CLERK