People v. Escalera

Appellate Division of the Supreme Court of New York

People v. Escalera

27 A.D.3d 379, 810 N.Y.S.2d 898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 2006

StatusPublished

This text of 27 A.D.3d 379 (People v. Escalera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Escalera, 27 A.D.3d 379, 810 N.Y.S.2d 898 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered March 3, 2004, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of seven 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 and credibility. The victim made a reliable identification almost immediately after the crime.

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered March 3, 2004, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of seven 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 and credibility. The victim made a reliable identification almost immediately after the crime.

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Bluebook (online)

27 A.D.3d 379, 810 N.Y.S.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-escalera-nyappdiv-2006.

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