Opinion
09-30-2016
The PEOPLE of the State of New York, Respondent, v. Shaquille HUNTER, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant. Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (James M. Marra of Counsel), for respondent.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered September 8, 2014. The judgment convicted defendant, upon a nonjury verdict, of robbery in the second degree (two counts).
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (James M. Marra of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a nonjury verdict of two counts of robbery in the second degree (Penal Law § 160.10[1], [2] [b] ). Viewing the evidence in light of the elements of the two counts of robbery in the second degree in this nonjury trial (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). “In a bench trial, no less than a jury trial, the resolution of credibility issues by the trier of fact and its determination of the weight to be accorded the evidence presented are entitled to great deference” (People v. Ghent, 132 A.D.3d 1275, 1275, 16 N.Y.S.3d 887, lv. denied 26 N.Y.3d 1145, 32 N.Y.S.3d 59, 51 N.E.3d 570 [internal quotation marks omitted]; see People v. McCoy, 100 A.D.3d 1422, 1422, 953 N.Y.S.2d 788 ). The victim's testimony was not incredible as a matter of law (see People v. Ptak, 37 A.D.3d 1081, 1082, 828 N.Y.S.2d 825, lv. denied 8 N.Y.3d 949, 836 N.Y.S.2d 559, 868 N.E.2d 242 ), and County Court was entitled to accept the victim's testimony and reject the testimony of defendant and his codefendant that there was no robbery and that they were playing a practical joke on the victim. “[U]pon our review of the record, we cannot say that the court failed to give the evidence the weight that it should be accorded” (People v. Britt, 298 A.D.2d 984, 984, 748 N.Y.S.2d 297, lv. denied 99 N.Y.2d 556, 754 N.Y.S.2d 208, 784 N.E.2d 81 ).It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., CARNI, LINDLEY, DeJOSEPH, and SCUDDER, JJ., concur.