| People v Cardona |
| 2005 NY Slip Op 02542 [16 AD3d 350] |
| March 31, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Miguel Cardona, Appellant. |
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Judgments, Supreme Court, New York County (Budd G. Goodman, J.), rendered January 9, 2003, convicting defendant, after a jury trial, of attempted robbery in the first degree (two counts) and bail jumping in the second degree, and sentencing him to two concurrent terms of six years consecutive to a term of 1 to 3 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including alleged motives to falsify, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). We note that the victims' testimony was corroborated by the testimony of other witnesses, by evidence of defendant's flight, and by his statement to the police. Contrary to defendant's argument, the evidence warranted the conclusion that defendant attempted to rob two persons.
We perceive no basis for reducing the sentence.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Mazzarelli, J.P., Marlow, Sullivan, Ellerin and Catterson, JJ.