PEOPLE v. ALSTON (2007)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Derrick ALSTON, Defendant-Appellant.

Decided: November 15, 2007

ANDRIAS, J.P., MARLOW, WILLIAMS, BUCKLEY, MALONE, JJ.

Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Derrick Alston, appellant pro se. Robert T. Johnson, District Attorney, Bronx (Na Na Park of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered November 22, 2005, convicting defendant, after a jury trial, of robbery in the second degree and assault in the first degree, and sentencing him to concurrent terms of 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The element of serious physical injury required for the first-degree assault conviction was established by evidence of permanent scars (see People v. Bailey, 275 A.D.2d 663, 713 N.Y.S.2d 535 [2000], lv. denied 95 N.Y.2d 960, 722 N.Y.S.2d 477, 745 N.E.2d 397 [2000] ). Defendant's pro se claims are without merit.

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