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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERROL L. POTTINGER, Appellant.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, two counts each of assault in the first degree (Penal Law § 120.10, [4]) and robbery in the first degree (§ 160.15 [1], [2]). Contrary to defendant's contention, viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). "`Great deference is accorded to the jury's resolution of credibility issues . . ., and it cannot be said herein that the jury failed to give the evidence the weight it should be accorded'" ( People v Harrington, 67 AD3d 1449, 1450). We further conclude that the sentence is not unduly harsh or severe.

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PEOPLE v. POTTINGER
(Mar 19, 2010)