| People v Boulware |
| 2009 NY Slip Op 08972 [68 AD3d 448] |
| December 3, 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 Derek Boulware, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York (Kyle Mooney of counsel), for
respondent.
Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered July 2, 2008, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of eight years, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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, including its rejection of defendant's testimony that each of the two incidents was a drug-related transaction instead of a robbery.
We perceive no basis for reducing the sentence. Concur—Saxe, J.P., Friedman, Acosta, Renwick and Abdus-Salaam, JJ.