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The People of the State of New York v. Michael Clinton

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


October 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
MICHAEL CLINTON,
DEFENDANT-APPELLANT.

People v Clinton

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 9, 2012 Tom, J.P., Mazzarelli, Catterson, Renwick, DeGrasse, JJ.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered August 10, 2010, convicting defendant, after a non-jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict 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 court's credibility determinations. The evidence established that defendant both threatened and used force to steal the victim's wallet from her pocket.

The court properly declined to consider petit larceny as a lesser included offense. The victim provided integrated testimony (see People v Negron, 91 NY2d 788 [1998]) establishing a forcible taking. There was no reasonable view of the evidence, viewed most favorably to defendant, that he stole the wallet, but did so by some means other than force (see e.g. People v Tucker, 41 AD3d 210 [1st Dept 2007], lv denied 9 NY3d 882 [2007], cert denied 552 US 1153 [2008]).

We perceive no basis for reducing the sentence.

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

ENTERED: OCTOBER 9, 2012

CLERK

20121009

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