People v. Simon

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered November 16, 1998, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 20 years’ imprisonment.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of 15 years.

The permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances (see People v Martinez, 71 NY2d 937; People v Delgado, 282 AD2d…