People v. Shawn A.

Appellate Division of the Supreme Court of New York

People v. Shawn A.

270 A.D.2d 848, 705 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 3499

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

DecidedMarch 29, 2000

StatusPublished

This text of 270 A.D.2d 848 (People v. Shawn A.) 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. Shawn A., 270 A.D.2d 848, 705 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 3499 (N.Y. Ct. App. 2000).

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Opinion

—Adjudication unanimously affirmed. Memorandum: Defendant appeals from a youthful offender adjudication after a bench trial finding that he committed, inter alia, attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). We reject the contention of defendant that the finding is against the weight of the evidence because the victim was not credible. The victim’s testimony was corroborated by defendant’s statements to the police and by the recovery of the gun. “Matters of credibility are best left to the trier of the facts” (People v Prophet, 166 AD2d 887, 887-888). “The determination of the fact finder is entitled to great weight and should not be disturbed on appeal unless clearly unsupported by the record” (People v White, 149 AD2d 915, 916, lv denied 74 NY2d 854). In any event, we note that there is no claim of right defense to attempted robbery (see, People v Reid, 69 NY2d 469, 475-477; People v Tavares, 235 AD2d 325). (Appeal from Adjudication of Erie County Court, Rogowski, J. — Youthful Offender.) Present — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ.

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—Adjudication unanimously affirmed. Memorandum: Defendant appeals from a youthful offender adjudication after a bench trial finding that he committed, inter alia, attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). We reject the contention of defendant that the finding is against the weight of the evidence because the victim was not credible. The victim’s testimony was corroborated by defendant’s statements to the police and by the recovery of the gun. “Matters of credibility are best left to the trier of the facts” (People v Prophet, 166 AD2d 887, 887-888). “The determination of the fact finder is entitled to great weight and should not be disturbed on appeal unless clearly unsupported by the record” (People v White, 149 AD2d 915, 916, lv denied 74 NY2d 854). In any event, we note that there is no claim of right defense to attempted robbery (see, People v Reid, 69 NY2d 469, 475-477; People v Tavares, 235 AD2d 325). (Appeal from Adjudication of Erie County Court, Rogowski, J. — Youthful Offender.) Present — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ.

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Bluebook (online)

270 A.D.2d 848, 705 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 3499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shawn-a-nyappdiv-2000.

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