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People v. Shaw

148 A.D.3d 938 Court N.Y. App. Div. Decision date 2017-03-15 English

Judges Hall, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

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p. 938
The People of the State of New York, Respondent, v Michael Shaw, Appellant.
[48 NYS3d 612]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered September 16, 2013, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of imprisonment of 10 years, to be followed by a period of 5 years of postrelease supervision.

p. 939
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of 10 years, to be followed by a period of 5 years of postrelease supervision, to a determinate term of imprisonment of 7 years, to be followed by a period of 5 years of postrelease supervision; as so modified, the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 , 348-349 [2007]), we accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 , 410 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Schouenborg, 42 AD3d 473 , 473-474 [2007]).

However, the sentence imposed was excessive to the extent indicated herein.

Hall, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

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