People v. Torres

People v Torres (2020 NY Slip Op 05146)

People v Torres

2020 NY Slip Op 05146

Decided on September 29, 2020

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: September 29, 2020
Ind No. 1222/17 Appeal No. 11875 Case No. 2019-5712
Before: Friedman, J.P., Mazzarelli, Kern, Kennedy, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), and White & Case LLP, New York (Tai Park of counsel), for appellant.

Cyrus R. Vance Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered February 27, 2018, as amended April 11, 2018, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 1/2 to 5 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348—349 [2007]). There is no basis for disturbing the jury's credibility determinations. The evidence supports the conclusion that when defendant used force against a store clerk, his intent was to overcome the clerk's resistance to his retention of

stolen property, and not, as he argues, solely to effectuate his escape (see People v Gordon, 23 NY3d 643, 650 [2014]).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: September 29, 2020