| People v Dixon |
| 2013 NY Slip Op 04022 [107 AD3d 735] |
| June 5, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Dixon, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Eunice Y.Lee, Amy Appelbaum, and Holly Serrette of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J.Goldberg, J.), rendered August 12, 2010, convicting him of robbery in the third degree,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that there waslegally insufficient proof of his identity (see CPL 470.05 [2]; People v Hawkins, 11 NY3d484, 491-492 [2008]). In any event, the People presented legally sufficient proof ofthe defendant's identity as the perpetrator (see People v Gordon, 65 AD3d 1261 [2009]; People v Rodgers, 6 AD3d464, 465 [2004]; People v Terrill, 265 AD2d 587 [1999]). Moreover, uponour independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict ofguilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The record, as a whole, demonstrates that the defendant was afforded the effectiveassistance of counsel (see People v Benevento, 91 NY2d 708, 712 [1998];People v Baldi, 54 NY2d 137, 147 [1981]).
The Supreme Court providently exercised its discretion in sentencing the defendantas a persistent felony offender (see Penal Law § 70.10 [2]; People v Bazemore, 100 AD3d915, 915 [2012]; People vMaxwell, 22 AD3d 607 [2005]; People v Perry, 19 AD3d 619 [2005]). The SupremeCourt's conclusion that the nature of the defendant's criminal conduct, his history, and hischaracter warranted extended incarceration and lifetime supervision is supported by therecord (see People v Bazemore, 100 AD3d at 915; People v Maxwell, 22AD3d at 607; People v Perry, 19 AD3d at 619). Further, the sentence imposedwas not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P.,Chambers, Austin and Hinds-Radix, JJ., concur.