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 ). 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 ).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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