Criminal Law · MBE-tested

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

306 A.D.2d 150760 N.Y.S.2d 324·New York Supreme Court, Appellate Division·2003·NY

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Opinion

The People of the State of New York, Respondent, v Christopher Ortiz, Appellant. [760 NYS2d 324] [MAJORITY] —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.