| People v Gonzalez |
| 2013 NY Slip Op 00132 [102 AD3d 470] |
| January 10, 2013 |
| 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 Daniel Gonzalez, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for
respondent.
Judgment, Supreme Court, New York County (Analisa Torres, J.), rendered June 7, 2010, convicting defendant, after a jury trial, of robbery in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate 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 credibility determinations, including its evaluation of inconsistencies between the victim's testimony and his prior statements, or the jury's finding that defendant intended to permanently deprive the victim of his property.
We perceive no basis for reducing the sentence. Concur—Friedman, J.P., Sweeny, Acosta, Abdus-Salaam and Manzanet-Daniels, JJ.