| People v Rodriguez |
| 2015 NY Slip Op 02408 [126 AD3d 591] |
| March 24, 2015 |
| 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 Hector Rodriguez, Also Known as John Doe, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan and Xiyun Yang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), for respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered
May 2, 2012, convicting defendant, after a nonjury trial, of robbery in the third degree
(two counts) and criminal possession of stolen property in the fifth degree, and
sentencing him, as a second felony offender, to an aggregate term of 2
The verdict was supported by 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 court's credibility determinations. The evidence supports the conclusion that when defendant used force against store employees, his intent was, at least in part, to overcome resistance to his retention of stolen merchandise (see generally People v Gordon, 23 NY3d 643, 649-651 [2014]).
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.