Opinion
2016–00699 Ind. No. 2242/14
11-07-2018
The PEOPLE, etc., Respondent, v. David YOUNG, Appellant.
Paul Skip Laisure, New York, N.Y. (Laura B. Indellicati of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, Jamaica, and Timothy R. McGrath of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Laura B. Indellicati of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, Jamaica, and Timothy R. McGrath of counsel), for respondent.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Joel L. Blumenfeld, J.), rendered December 21, 2015, convicting him of robbery in the first degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted of robbery in the first degree after a nonjury trial. On appeal, he contends that, in reaching its verdict, the trial court improperly shifted the burden of proof to him and violated his right against self-incrimination.
"[I]n a bench trial, it is presumed that the Judge sitting as the trier of fact made [her or] his decision based upon appropriate legal criteria" ( People v. Lucas, 291 A.D.2d 890, 891, 737 N.Y.S.2d 732 [internal quotation marks omitted]; see generally People v. Moreno, 70 N.Y.2d 403, 406, 521 N.Y.S.2d 663, 516 N.E.2d 200 ). Here, the record as a whole—which includes the trial judge's unequivocal statements that the defendant had no obligation to testify and that the People proved the defendant's guilt beyond a reasonable doubt—does not reflect that the court shifted the burden of proof or convicted the defendant based upon his failure to testify (see People v. Williams, 122 A.D.3d 647, 994 N.Y.S.2d 426 ; cf. People v. Fields, 87 N.Y.2d 821, 823, 637 N.Y.S.2d 355, 660 N.E.2d 1134 ).
BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.