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PEOPLE, res, v. KELVIN VAZQUEZ, def-ap

9220. PEOPLE, res, v. KELVIN VAZQUEZ, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler of counsel), for res — Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered February 24, 2010, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 13 years, concurrent with a term of 1 to 3 years for violation of probation, unanimously affirmed.

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9220. PEOPLE, res, v. KELVIN VAZQUEZ, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler of counsel), for res — Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered February 24, 2010, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 13 years, concurrent with a term of 1 to 3 years for violation of probation, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s argument in this regard rests primarily on inferences he seeks to draw from his acquittals on the other counts of the indictment. In performing weight of evidence review, we may consider the jury’s verdict on other counts (see People v. Rayam, 94 NY2d 557, 563 n [2000]). Nevertheless, we find that the mixed verdict here does not warrant a different result. “Where a jury verdict is not repugnant, it is imprudent to speculate concerning the factual determinations that underlay the verdict…” (People v. Horne, 97 NY2d 404, 413 [2002]; see also People v. Hemmings, 2 NY3d 1, 5 n [2004]).

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