People v. Jacob

Appellate Division of the Supreme Court of New York

People v. Jacob

70 A.D.3d 486, 893 N.Y.S.2d 865

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

DecidedFebruary 16, 2010

StatusPublished

This text of 70 A.D.3d 486 (People v. Jacob) 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. Jacob, 70 A.D.3d 486, 893 N.Y.S.2d 865 (N.Y. Ct. App. 2010).

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Opinion

—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered March 19, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of four 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 determinations concerning identification and credibility. The evidence, viewed as a whole, warrants the conclusion that the victim was familiar with defendant’s appearance as the result of many encounters with him over a period of years, and we reject defendant’s arguments to the contrary.

We perceive no basis for reducing the sentence. Concur— Gonzalez, P.J., Saxe, Moskowitz, Abdus-Salaam and Román, JJ.

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—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered March 19, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of four 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 determinations concerning identification and credibility. The evidence, viewed as a whole, warrants the conclusion that the victim was familiar with defendant’s appearance as the result of many encounters with him over a period of years, and we reject defendant’s arguments to the contrary.

We perceive no basis for reducing the sentence. Concur— Gonzalez, P.J., Saxe, Moskowitz, Abdus-Salaam and Román, JJ.

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Bluebook (online)

70 A.D.3d 486, 893 N.Y.S.2d 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jacob-nyappdiv-2010.

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