People v Pleasant, 2011 NY Slip Op 06595 [87 AD3d 932]

September 27, 2011

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered December 14, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of two counts of attempted robbery in the second degree and two counts of assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 4½ years, unanimously affirmed.

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 credibility determinations. The evidence supports inferences that defendant intended to forcibly steal property while aided by others, and that the victims were physically injured in the course of an attempt to take property. Concur—Andrias, J.P., Sweeny, Moskowitz, Richter and RomÁn, JJ..