PEOPLE v. GREEN (1999)

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered August 13, 1996, convicting defendant, after a jury trial, of robbery in the second degree, assault in the second degree (two counts) and attempted robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, two terms of 6 years to life and a term of 2 to 4 years, all sentences to run concurrently, unanimously affirmed.

 The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   With respect to the conviction for robbery in the second degree pursuant to Penal Law § 160.10(2)(b), there was ample evidence of defendant's display of what appeared to be a firearm (see, People v. Lopez, 73 N.Y.2d 214, 538 N.Y.S.2d 788, 535 N.E.2d 1328;  People v. Baskerville, 60 N.Y.2d 374, 469 N.Y.S.2d 646, 457 N.E.2d 752).   Given the jury's credibility determinations, which we see no reason to disturb, the jury could have reasonably inferred that the victim perceived that he was being threatened by a firearm.   With respect to the two assault convictions pursuant to Penal Law § 120.05(3), we find that the People established a sufficiently direct link between defendant's conduct and the injuries suffered by the two police officers (see, People v. Hernandez, 82 N.Y.2d 309, 604 N.Y.S.2d 524, 624 N.E.2d 661;  People v. Pierce, 201 A.D.2d 677, 608 N.Y.S.2d 259, lv. denied 83 N.Y.2d 914, 614 N.Y.S.2d 396, 637 N.E.2d 287).

We perceive no abuse of sentencing discretion, and conclude that the sentence was not based on any improper criteria.

MEMORANDUM DECISION.