PEOPLE v. SILVESTRE

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility and identification. There was ample evidence of physical injury, including the victim's testimony that she suffered a sprained ankle as well as abrasions and bruises to her hands, elbow and leg, that her pain lasted one week and that she missed three days of work (see, People v. Montalvo, 269 A.D.2d 328, lv denied 95 N.Y.2d 800).

On the existing record, we find that trial counsel provided meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714). Counsel's elicitation of a photographic identification and related evidence was clearly part of a legitimate strategy aimed at establishing that the victim's identification of defendant was unreliable.

The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459).

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.