| People v Bryant |
| 2020 NY Slip Op 00919 [180 AD3d 442] |
| February 6, 2020 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Shelton Bryant, Appellant. |
Christina A. Swarns, Office of The Appellate Defender, New York (RosemaryHerbert of counsel), and Freshfields Bruckhaus Deringer US LLP, New York (RebeccaCurwin of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel),for respondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April27, 2017, convicting defendant, after a jury trial, of two counts of robbery in the seconddegree, and sentencing him, as a second violent felony offender, to concurrent terms ofnine years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibilitydeterminations. Defendant's accessorial liability could be readily inferred from thetotality of the conduct of defendant and his codefendant.
Defendant's challenges to the court's supplemental instructions are unpreserved, andwe decline to review them in the interest of justice. As an alternative holding, we findthat the court meaningfully responded to the jury's notes (see generally People vAlmodovar, 62 NY2d 126, 131 [1984]; People v Malloy, 55 NY2d 296, 302[1982], cert denied 459 US 847 [1982]).
Defendant's challenges to the admission of the victim's 911 call are also unpreserved,and we likewise decline to review them in the interest of justice. As an alternativeholding, we find that the recording qualified as an excited utterance and a present senseimpression (see generallyPeople v Johnson, 1 NY3d 302, 306 [2003]; People v Vasquez, 88NY2d 561, 575 [1996]). Concur—Acosta, P.J., Richter, Kapnick, Mazzarelli,Moulton, JJ.