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People v. Williams

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 19, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH WILLIAMS, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered October 10, 2007, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 6 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Sweeny, Acosta, Freedman, JJ.

2960/06

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's decision to credit the account of the incident provided by the People's witnesses, while discrediting that of defendant.

The imposition of mandatory surcharges and fees by way of court documents, but without mention of the particular amounts in the court's oral pronouncement of sentence, was lawful (see People v Guerrero, __ NY3d __, 2009 NY Slip Op 01242).

We perceive no basis for reducing the sentence.

Defendant's remaining claim, although arguably raised in a pretrial motion, was never addressed by the motion court, and defendant not only abandoned but affirmatively waived this claim at trial. As an alternative holding, we find no basis for reversal.

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

20090319

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