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The People of the State of New York v. Naim Jabbar

New York Supreme and/or Appellate Courts Appellate Division, First Department


October 4, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
NAIM JABBAR,
DEFENDANT-APPELLANT.

People v Jabbar

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.

Decided on October 4, 2012

Andrias J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered January 6, 2011, convicting defendant, after a jury trial, of robbery in the third degree and fraudulent accosting, and sentencing him, as a second felony offender, to an aggregate term of 3½ to 7 years, unanimously affirmed.

We reject defendant's challenges to the sufficiency and weight of the evidence supporting the robbery conviction (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. The evidence amply supported the conclusion that, after unsuccessfully attempting to take the victim's money by way of a confidence game, defendant took the money by force (see e.g. People v Spencer, 255 AD2d 167 [1st Dept 1998], lv denied 93 NY2d 879 [1999]).

We perceive no basis for reducing the sentence.

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

ENTERED: OCTOBER 4, 2012

CLERK

20121004

© 1992-2012 VersusLaw Inc.



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