People v. Carter

305 A.D.2d 267, 758 N.Y.S.2d 806, 2003 N.Y. App. Div. LEXIS 5727

Opinion

—Judgment, Supreme Court, Bronx County (John Moore, J.), rendered November 20, 2001, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning identification. Defendant was arrested in possession of some of the proceeds of the crime, and the victim made a prompt and reliable identification. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Williams, JJ.