| People v Batista |
| 2009 NY Slip Op 02292 [60 AD3d 557] |
| March 26, 2009 |
| 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 Enrique Batista, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for
respondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 25, 2006, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 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 determinations concerning identification. The victim had an ample opportunity to observe defendant during the robbery, and he gave a detective a detailed and accurate description.
We perceive no basis for reducing the sentence. Concur—Andrias, J.P., Gonzalez, Buckley and Acosta, JJ.