Opinion
1998-10538
Submitted May 13, 2002.
June 10, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered November 16, 1998, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 20 years imprisonment.
Andrew C. Fine, New York, N.Y. (Annamatesha N. Beason of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of 15 years.
The permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances (see People v. Martinez, 71 N.Y.2d 937; People v. Delgado, 282 A.D.2d 223; People v. Brister, 239 A.D.2d 513; People v. Gibbs, 211 A.D.2d 641; People v. Gibbs, 207 A.D.2d 288, affd 85 N.Y.2d 899).
The sentence imposed was excessive to the extent indicated.
The defendant's remaining contention is without merit.
FLORIO, J.P., O'BRIEN, KRAUSMAN and LUCIANO, JJ., concur.