People v Ortiz

2008 NY Slip Op 03078 [50 AD3d 336]

April 8, 2008

Appellate Division, First Department

As corrected through Wednesday, June 18, 2008

The People of the State of New York, Respondent, v LuisOrtiz, Appellant.

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York (Andres A. Munozof counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered March 13, 2006,convicting defendant, after a jury trial, of burglary in the first degree, assault in the seconddegree, and attempted robbery in the second degree, and sentencing him, as a second violentfelony offender, to an aggregate term of 15 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the jury's determinations concerning credibility and identification. Defendantwas identified by the victim, who was acquainted with defendant and knew him by name. Inaddition, police officers saw defendant escaping from the victim's apartment and also madeprompt, on-the-scene identifications. The inconsistencies in testimony cited by defendant wereinsignificant.

We perceive no basis for reducing the sentence. Concur—Lippman, P.J., Friedman,Catterson and Moskowitz, JJ.