People v Velez
2004 NY Slip Op 04777 [8 AD3d 61]
June 8, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2004


The People of the State of New York, Respondent,
v
Joseph Velez, Appellant.

[*1]Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered January 9, 2003, convicting defendant, after a jury trial, of attempted robbery in the third degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 2 to 4 four years and 1 year, respectively, 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]). The credible evidence established that the People's witness was a victim of the attempted robbery, as charged in the indictment, and not merely a bystander. Concur—Nardelli, J.P., Saxe, Sullivan, Marlow and Catterson, JJ.