People
v.
Pacheco

Appellate Division of the Supreme Court of New York, First DepartmentSep 26, 2002
747 N.Y.S.2d 483 (N.Y. App. Div. 2002)
747 N.Y.S.2d 483297 A.D.2d 604

1642

September 26, 2002.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered August 16, 2000, convicting defendant, after a jury trial, of two counts of attempted robbery in the second degree, and sentencing him, as a violent felony offender, to concurrent terms of 5 years, unanimously affirmed.

JEFF G. HAMMEL, for respondent.

ANDREW E. ABRAHAM, for defendant-appellant.

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


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence established that defendant demanded the victim's money, and clearly warranted the conclusion that the immediate attack upon the victim by defendant and his companions was for the purpose of robbing him (see Matter of Juan J., 81 N.Y.2d 739; Matter of Horatio B., 240 A.D.2d 197; see also People v. Bracey, 41 N.Y.2d 296).

The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Walker, 83 N.Y.2d 455, 458-459; People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292). The court properly permitted elicitation of matters, including the underlying facts of defendant's prior youthful offender and juvenile adjudications, that were highly relevant to his credibility.

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