People v. Ortiz — 306 A.D.2d 150

Majority

p. 150

The People of the State of New York, Respondent, v Christopher Ortiz, Appellant.

[760 NYS2d 324]

—Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered September 7, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3V2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning identification. We conclude that the victim had a sufficient opportunity to observe defendant at the time of the crime and was able to make a reliable identification.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 , 584 [1976]). Concur — Buckley, P.J., Mazzarelli, Ellerin, Williams and Marlow, JJ.

Cases cited

People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 p. 150
People v. Drayton 39 NY2d 580 N.Y. 1976-05-04 at 584 p. 150