Legal Opinion

People v. Bonilla

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2012Published

1Opinion of the Court

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 *509jury’s credibility determinations. It is undisputed that defendant stole merchandise from a store, and the evidence, viewed as a whole, supports the conclusion that the shoplifter was the same person who sprayed a pursuing cashier in the face with a noxious substance.

The court properly declined to submit robbery in the third degree as a lesser included offense. There was no reasonable view of the…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. ChiddickNew York Court of Appeals · 2007
  3. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. DiggsAppellate Division of the Supreme Court of the State of New York · 2009

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