Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentApr 6, 1995
214 A.D.2d 341 (N.Y. App. Div. 1995)
214 A.D.2d 341625 N.Y.S.2d 24

April 6, 1995

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of robbery in the first degree was proven beyond a reasonable doubt. The evidence established that while the victim was held at knifepoint by Michael Wilson, defendant rifled through the victim's pockets and removed twenty-five dollars. Moreover, the jury's determinations of fact and credibility, not unreasonable, will not be disturbed by this Court (People v Adams, 194 A.D.2d 398, lv denied 82 N.Y.2d 713). Further, upon an independent review of the facts, the verdict is not against the weight of the evidence.

Defendant's claim that the court's curative instructions regarding her codefendant's absence from the trial deprived her of a fair trial is unpreserved for appellate review as a matter of law (People v Santiago, 52 N.Y.2d 865), and we decline to review it in the interest of justice. Were we to review it, we would find that it is without merit inasmuch as the curative instructions, which the jury is presumed to have followed (People v Berg, 59 N.Y.2d 294, 299-300), were more than adequate to protect defendant against any prejudice or speculation arising from the absence of the codefendant from the trial.

Concur — Sullivan, J.P., Wallach, Nardelli, Williams and Mazzarelli, JJ.