PEOPLE v. SIERRA (2005)

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

The PEOPLE of the State of New York, Respondent, v. John SIERRA, Defendant-Appellant.

Decided: February 15, 2005

TOM, J.P., MAZZARELLI, MARLOW, NARDELLI, CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Laura I. Appleman of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Melissa Ballard of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered September 19, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term 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 (see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The victim made a reliable identification of defendant shortly after the crime.

We perceive no basis for reducing the sentence.

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