| People v Alston |
| 2007 NY Slip Op 08873 [45 AD3d 398] |
| November 15, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Derrick Alston, Appellant. |
—[*1] Derrick Alston, appellant pro se. Robert T. Johnson, District Attorney, Bronx (Na Na Park of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered November 22,2005, convicting defendant, after a jury trial, of robbery in the second degree and assault in thefirst degree, and sentencing him to concurrent terms of five years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence. There is no basis for disturbing the jury's determinations concerning identification andcredibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The element of seriousphysical injury required for the first-degree assault conviction was established by evidence ofpermanent scars (see People v Bailey, 275 AD2d 663 [2000], lv denied 95 NY2d960 [2000]). Defendant's pro se claims are without merit. Concur—Andrias, J.P., Marlow,Williams, Buckley and Malone, JJ.