People v. Wiggins

199 A.D.2d 186, 608 N.Y.S.2d 58, 1993 N.Y. App. Div. LEXIS 12201

Opinion

Judgment, Supreme Court, New York County (Joan B. Carey, J.), rendered August 14, 1991, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him to two concurrent terms of 2 to 6 years and IV2 to &V2 years, respectively, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), we find that the evidence was sufficient as a matter of law to support the verdict. Moreover, upon an independent review of the facts, we find that the jury’s determination that defendant used an orange colored razor as a dangerous instrument during the robbery was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495).

The prosecutor’s summation did not deny defendant a fair trial, but was a fair response to a defense summation that attacked the credibility of the People’s witnesses (see, People v Rodriguez, 159 AD2d 356, 357, lv denied 76 NY2d 795). Concur—Murphy, P. J., Carro, Ellerin and Kupferman, JJ.