People v. Simon

295 A.D.2d 457, 743 N.Y.S.2d 309, 2002 N.Y. App. Div. LEXIS 6090

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered November 16, 1998, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 20 years’ imprisonment.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of 15 years.

The permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances (see People v Martinez, 71 NY2d 937; People v Delgado, 282 AD2d 223; People v Brister, 239 AD2d 513; People v Gibbs, 211 AD2d 641; People v Gibbs, 207 AD2d 288, affd 85 NY2d 899).

The sentence imposed was excessive to the extent indicated.

The defendant’s remaining contention is without merit. Florio, J.P., O’Brien, Krausman and Luciano, JJ., concur.