PEOPLE v. FRANKS (1999)

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

The PEOPLE of the State of New York, Respondent, v. Maurice FRANKS, etc., Defendant-Appellant.

Decided: April 29, 1999

NARDELLI, J.P., TOM, LERNER, MAZZARELLI and FRIEDMAN, JJ.

Kenneth S. Levine, for Respondent. Susan Epstein, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered June 20, 1996, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years, 5 to 10 years and 2 to 4 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence. The jury could have reasonably concluded that defendant intentionally aided the codefendant in forcibly retaining the proceeds of their joint shoplifting. We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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