Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Aurio Ocasio, Appellant

260 A.D.2d 256686 N.Y.S.2d 706·New York Supreme Court, Appellate Division·1999·NY

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Opinion

The People of the State of New York, Respondent, v Aurio Ocasio, Appellant. [686 NYS2d 706] [MAJORITY] —Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 20, 1995, convicting defendant, after a jury trial, of burglary in the second degree and attempted escape in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life and 1 year, respectively, unanimously affirmed. The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations (People v Bleakley, 69 NY2d 490, 495). We perceive no abuse of sentencing discretion. We have considered and rejected the additional arguments raised by defendant in his pro se supplemental brief. Concur— Sullivan, J. P., Wallach, Lerner, Mazzarelli and Buckley, JJ.