Appellate Division of the Supreme Court of New York, 2003

People v. Ortiz

People v. Ortiz
Appellate Division of the Supreme Court of New York · Decided June 19, 2003
306 A.D.2d 150; 760 N.Y.S.2d 324; 2003 N.Y. App. Div. LEXIS 7201
People v. Ortiz

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered September 7, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3V2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning identification. We conclude that the victim had a sufficient opportunity to observe defendant at the time of the crime and was able to make a reliable identification.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580, 584 [1976]). Concur — Buckley, P.J., Mazzarelli, Ellerin, Williams and Marlow, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.