People v. Ablakatov

Summary

The Appellate Division, First Department unanimously affirmed the defendant's convictions for two counts of second-degree robbery and concurrent five-year sentences. The court rejected challenges to the weight of the evidence, the physical-injury element, jury credibility determinations, and the trial court's Sandoval ruling.

Holdings

1. The verdict was not against the weight of the evidence.
2. Defendant's challenge to the physical-injury element of one robbery conviction was unavailing.
3. The preserved portion of defendant's Sandoval claim did not warrant relief because the trial court balanced the appropriate factors and acted within its discretion.
4. The unpreserved portion of defendant's Sandoval claim was not reviewed in the interest of justice and, alternatively, was unavailing on the merits.

Questions Presented

1. Whether the verdicts convicting defendant of two counts of robbery in the second degree were against the weight of the evidence.
2. Whether the evidence supported the physical-injury element of one robbery conviction.
3. Whether the trial court's Sandoval ruling was an abuse of discretion.
4. Whether the court's failure to consider that defendant's felony conviction was pending appeal required reversal or violated his right against self-incrimination.

Disposition

affirmed