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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CARMELO ECHEVARRIA, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the third degree (Penal Law § 160.05) and two counts of grand larceny in the fourth degree (§ 155.30[4], [5] ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 NY3d 342, 349), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495). Issues of credibility and the weight to be accorded to the evidence are primarily for the jury's determination (see People v. Witherspoon, 66 AD3d 1456, 1457, lv denied 13 NY3d 942), and we perceive no reason to disturb the jury's resolution of those issues in this case. Contrary to defendant's further contention, we conclude that “there is not a grave risk that an innocent [person] has been convicted” (People v. Henderson, 275 A.D.2d 948, 948, lv denied 95 N.Y.2d 964 [internal quotation marks omitted] ).
As defendant correctly concedes, by failing to object to the jury charge, he failed to preserve for our review his contention that County Court improperly marshaled the evidence when it instructed the jury on the issue of identification (see People v. Savery, 305 A.D.2d 1071, 1072, lv denied 100 N.Y.2d 598). In any event, that contention is without merit (see People v. Harrison, 19 AD3d 705, 706, lv denied 5 NY3d 828; People v. Brazzley, 287 A.D.2d 463, 464, lv denied 97 N.Y.2d 679).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 11–00417
Decided: March 27, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
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