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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 16, 2001
280 A.D.2d 370 (N.Y. App. Div. 2001)

Opinion

February 16, 2001.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 23, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 4 1/2; years, unanimously affirmed.

Barbara Jane Hutter, for respondent.

John Coyle, for defendant-appellant.

Before: Mazzarelli, J.P., Andrias, Lerner, Saxe , Buckley, JJ.


The verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495). There is no basis upon which to disturb the jury`s determinations concerning credibility.

The court properly refused to charge the defense of justification since there was no reasonable view of the evidence, even when viewed in the light most favorable to defendant, to support such a charge (People v. Cox, 92 N.Y.2d 1002). Such a defense could only have been based on speculation as to facts not in evidence (see, People v. Woods, ___ A.D.2D ___, 715 N.Y.S.2d 702). Moreover, defendant was acquitted of assault, and to the extent that defendant is arguing on appeal that justification should have been charged with respect to the robbery count upon which he was convicted, his present theory is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find it to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT .


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 16, 2001
280 A.D.2d 370 (N.Y. App. Div. 2001)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RODOLFO RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 16, 2001

Citations

280 A.D.2d 370 (N.Y. App. Div. 2001)
720 N.Y.S.2d 347

Citing Cases

Rodriguez v. Sabourin

On February 15, 2001, the Appellate Division affirmed Rodriguez's conviction. See People v. Rodriguez, 720…