People v. Ortiz

306 A.D.2d 150, 760 N.Y.S.2d 324, 2003 N.Y. App. Div. LEXIS 7201

Opinion

—Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered September 7, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3V2 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. We conclude that the victim had a sufficient opportunity to observe defendant at the time of the crime and was able to make a reliable identification.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580, 584 [1976]). Concur — Buckley, P.J., Mazzarelli, Ellerin, Williams and Marlow, JJ.