| People v Pottinger |
| 2010 NY Slip Op 02312 [71 AD3d 1492] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Errol L.Pottinger, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Elizabeth Clifford of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedMarch 1, 2007. The judgment convicted defendant, upon a jury verdict, of assault in the firstdegree (two counts), robbery in the first degree (two counts) and robbery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of,inter alia, two counts each of assault in the first degree (Penal Law § 120.10 [1], [4]) androbbery in the first degree (§ 160.15 [1], [2]). Contrary to defendant's contention, viewingthe evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence(see generally People v Bleakley, 69 NY2d 490, 495 [1987]). " 'Great deference isaccorded to the jury's resolution of credibility issues . . ., and it cannot be saidherein that the jury failed to give the evidence the weight it should be accorded' " (People v Harrington, 67 AD3d1449, 1450 [2009]). We further conclude that the sentence is not unduly harsh or severe.Present—Centra, J.P., Fahey, Carni, Green and Pine, JJ.