People v. Nash
815 N.Y.S.2d 460
N.Y. App. Div.
2006
Check Treatment

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL NASH, Appellant.

Appellate Division of the Supreme Court of New York

815 N.Y.S.2d 460

Daniel P. FitzGerald, J.

Judgment rendered December 9, 2004

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 9, 2004, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury‘s determinations concerning credibility (see ).

Defendant‘s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see , cert denied ). Defendant‘s mandatory sentence as a persistent violent felony offender was based entirely on his prior convictions (see ).

We perceive no basis for reducing the sentence.

We have considered and rejected the claims contained in defendant‘s pro se supplemental brief. Concur—Tom, J.P., Marlow, Gonzalez, Sweeny and Catterson, JJ.