Appellate Division of the Supreme Court of New York, 1998

People v. Smith

People v. Smith
Appellate Division of the Supreme Court of New York · Decided April 2, 1998
249 A.D.2d 14; 671 N.Y.S.2d 225; 1998 N.Y. App. Div. LEXIS 3511
People v. Smith

Opinion of the Court

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Defendant’s conviction was supported by legally sufficient evidence and was not against the weight of the evidence. We see no basis for disturbing the determinations of the jury concerning credibility and reliability of identification testimony.

We perceive no abuse of sentencing discretion. Concur— Ellerin, J. P., Wallach, Williams, Mazzarelli and Andrias, JJ.

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