PEOPLE v. CLINTON

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The PEOPLE of the State of New York, Respondent, v. Michael CLINTON, Defendant–Appellant.

Decided: October 09, 2012

TOM, J.P., MAZZARELLI, CATTERSON, RENWICK, DeGRASSE, JJ. Richard M. Greenberg, Office of the Appellate Defender, New York (Molly Booth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered August 10, 2010, convicting defendant, after a nonjury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The evidence established that defendant both threatened and used force to steal the victim's wallet from her pocket.

The court properly declined to consider petit larceny as a lesser included offense. The victim provided integrated testimony (see People v. Negron, 91 N.Y.2d 788, 676 N.Y.S.2d 520, 699 N.E.2d 32 [1998] ) establishing a forcible taking. There was no reasonable view of the evidence, viewed most favorably to defendant, that he stole the wallet, but did so by some means other than force (see e.g. People v. Tucker, 41 A.D.3d 210, 839 N.Y.S.2d 15 [1st Dept.2007], lv. denied 9 N.Y.3d 882, 842 N.Y.S.2d 794, 874 N.E.2d 761 [2007], cert. denied 552 U.S. 1153, 128 S.Ct. 1094, 169 L.Ed.2d 829 [2008] ).

We perceive no basis for reducing the sentence.