People v. Ties

Appellate Division of the Supreme Court of New York

People v. Ties

309 A.D.2d 650, 765 N.Y.S.2d 632, 2003 N.Y. App. Div. LEXIS 10967

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

DecidedOctober 23, 2003

StatusPublished

This text of 309 A.D.2d 650 (People v. Ties) 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. Ties, 309 A.D.2d 650, 765 N.Y.S.2d 632, 2003 N.Y. App. Div. LEXIS 10967 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered September 25, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). Evidence apparently credited by the jury established defendant’s use of force for the purpose of retaining the merchandise that he and his companions had shoplifted.

We perceive no basis for reducing the sentence. Concur— Saxe, J.P., Rosenberger, Friedman and Marlow, JJ.

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Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered September 25, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). Evidence apparently credited by the jury established defendant’s use of force for the purpose of retaining the merchandise that he and his companions had shoplifted.

We perceive no basis for reducing the sentence. Concur— Saxe, J.P., Rosenberger, Friedman and Marlow, JJ.

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Bluebook (online)

309 A.D.2d 650, 765 N.Y.S.2d 632, 2003 N.Y. App. Div. LEXIS 10967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ties-nyappdiv-2003.

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