| People v Robinson |
| 2009 NY Slip Op 01714 [60 AD3d 463] |
| March 10, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v David Robinson, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), forrespondent.
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered May 13, 2005,as amended June 30, 2005, convicting defendant, after a jury trial, of criminal possession of aweapon in the second degree and assault in the third degree, and sentencing him, as a secondfelony offender, to an aggregate term of five years, and orders, same court and Justice, enteredon or about March 9, 2006 and May 11, 2006, which denied defendant's CPL 440.10 motions tovacate the judgment of conviction, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinationsconcerning credibility.
The court properly concluded that the jury verdict acquitting defendant of second-degreeassault while convicting him of second-degree possession of a weapon and third-degree assaultwas not repugnant. Under the court's charge (see People v Tucker, 55 NY2d 1 [1981]),the jury could have found that defendant possessed a loaded firearm with intent to use itunlawfully, but that he injured the victim without the use of the firearm.
Defendant received effective assistance of counsel under the state and federal standards(see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland vWashington, 466 US 668 [1984]) at all stages of the case. Defendant's claim that he wasdeprived of his right to hire counsel of his own choosing is without merit.[*2]
We have considered and rejected defendant's remainingclaims. Concur—Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Freedman, JJ.