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People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2002
299 A.D.2d 234 (N.Y. App. Div. 2002)

Opinion

2264

November 19, 2002.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered October 26, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 25 years, unanimously affirmed.

CLARIS R. SUKKAR, for respondent.

LISA LEWIS, for defendant-appellant.

Before: Tom, J.P., Andrias, Saxe, Rubin, Friedman, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility. Defendant was identified by two witnesses, was found in a car stolen during the gunpoint robbery, and, when confronted by the victim at the police station, said, "Oh, that's the guy we robbed."

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2002
299 A.D.2d 234 (N.Y. App. Div. 2002)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTONIO DIAZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 2002

Citations

299 A.D.2d 234 (N.Y. App. Div. 2002)
749 N.Y.S.2d 416