People v. Avery

219 A.D.2d 529, 631 N.Y.S.2d 517, 1995 N.Y. App. Div. LEXIS 9492

Opinion

Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered June 11, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt was proven beyond a reasonable doubt by legally sufficient evidence. Moreover, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The credibility issues raised by defendant were properly placed before the jury and we find no reason to disturb its determinations (People v Siu Wah Tse, 91 AD2d 350, 352). Concur— Rosenberger, J. P., Rubin, Asch, Williams and Mazzarelli, JJ.