People v. Serrano

Appellate Division of the Supreme Court of New York

People v. Serrano

143 A.D.2d 1064, 533 N.Y.S.2d 580, 1988 N.Y. App. Div. LEXIS 10470

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

DecidedOctober 31, 1988

StatusPublished

This text of 143 A.D.2d 1064 (People v. Serrano) 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. Serrano, 143 A.D.2d 1064, 533 N.Y.S.2d 580, 1988 N.Y. App. Div. LEXIS 10470 (N.Y. Ct. App. 1988).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered July 9, 1987, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Moreover, upon the exercise of our review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The victims observed the defendant under excellent lighting conditions during the robbery which lasted approximately five minutes. Adding to the reliability of the identification testimony of the victim Carlos Chaca is the fact that he saw the defendant in the vicinity of the robbery scene on three prior occasions, and therefore recognized him during the commission of the crime.

The sentence imposed was well within the statutory bounds and does not warrant modification (see, People v Farrar, 52 NY2d 302; People v Suitte, 90 AD2d 80, 86). Mangano, J. P., Thompson, Brown and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered July 9, 1987, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Moreover, upon the exercise of our review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The victims observed the defendant under excellent lighting conditions during the robbery which lasted approximately five minutes. Adding to the reliability of the identification testimony of the victim Carlos Chaca is the fact that he saw the defendant in the vicinity of the robbery scene on three prior occasions, and therefore recognized him during the commission of the crime.

The sentence imposed was well within the statutory bounds and does not warrant modification (see, People v Farrar, 52 NY2d 302; People v Suitte, 90 AD2d 80, 86). Mangano, J. P., Thompson, Brown and Sullivan, JJ., concur.

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Bluebook (online)

143 A.D.2d 1064, 533 N.Y.S.2d 580, 1988 N.Y. App. Div. LEXIS 10470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-serrano-nyappdiv-1988.

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