| People v Ariza |
| 2014 NY Slip Op 01383 [114 AD3d 607] |
| February 27, 2014 |
| 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 Carlos Ariza, Appellant. |
—[*1]
Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for
respondent.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered September 14, 2010, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of seven years, unanimously affirmed.
Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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 credibility and identification, including its evaluation of any inconsistencies. Defendant was identified by the victim, as well as by a witness who was acquainted with defendant. Concur—Tom, J.P., Friedman, Saxe, Richter and Clark, JJ.