PEOPLE v. JARVIS (2012)

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayres, J.), rendered April 15, 2011, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant manifested the requisite criminal intent (see People v. Bracey, 41 N.Y.2d 296, 301; People v. Mendez, 34 AD3d 697, 698; People v. Coulter, 240 A.D.2d 756). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633, 644–645). Any discrepancies between the complainant's prior statements to a police officer, the complainant's grand jury testimony, and the complainant's trial testimony “were not of such magnitude as to render the complainant's testimony incredible or unreliable” (People v. Scipio, 61 AD3d 899, 899). Moreover, the discrepancies were insufficient to render the complainant's testimony perjurious (see Penal Law §§ 210.05, 210.10, 210.15; People v. Scipio, 61 AD3d at 899; People v. Hansen, 290 A.D.2d 47, 51–52; People v. Bishop, 206 A.D.2d 884, 885; People v. Kitchen, 162 A.D.2d 178, 179).

The defendant's remaining contentions are without merit.