J-S46033-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ZACHARY GREENE : : Appellant : No. 2298 EDA 2016 Appeal from the Judgment of Sentence, June 14, 2016, in the Court of Common Pleas of Philadelphia County, Criminal Division at No(s): CP-51-CR-0002215-2013. BEFORE: BOWES, J., SHOGAN, J., and KUNSELMAN, J. MEMORANDUM BY KUNSELMAN, J.: FILED NOVEMBER 28, 2018 Zachary Greene appeals from the judgment of sentence, which the trial court imposed after a jury convicted Greene of robbery, possession of an instrument of a crime, simple assault, and recklessly endangering another person.1 For the reasons below, we affirm. Factual Background On September 4, 2012, in the early evening, Greene robbed the Neighborhood Convenience Store, located in a residential part of Philadelphia. He pulled a gun on the cashier, Ms. Jatnna Angeles. Ms. Angeles, a young woman, had immigrated to the United States from the Dominican Republic ____________________________________________ 1 18 Pa.C.S.A. §§ 3701(a)(1)(ii), 907(a), 2701(a), and 2705, respectively. J-S46033-18 around 2006. English is her secondary language, and she has difficulty with measurements in inches and feet. During the crime, Greene hid most of his firearm inside a dark plastic bag but exposed the barrel of the gun on top of the cashier’s counter. He told Ms. Angeles to place the money from the register into the bag; it came to between $200 and $300. He also stole a pack of cigarettes. The robbery greatly traumatized Ms. Angeles. She soon resigned her job at the Neighborhood Convenience Store, out of fear that she might become the victim of another armed robbery. Moreover, Greene’s crime so distressed Ms. Angeles that she was afraid he would attack her at the line-up, preliminary hearing, and trial, despite the presence of police officers and/or deputies at all three locations. Due to her unfamiliarity with the English system of measurements, Ms. Angeles had trouble providing investigators with a consistent height for the robber. However, she constantly maintained that her assailant – whom she viewed for a full 20 seconds, face-to-face, from only a yard or two away – was an African-American man, had a lighter complexion, facial hair, and a slender build. Greene matches that description, and she successfully picked him out a photo array, which led to his arrest. Also, Ms. Angeles’ description matched the image of Greene in the convenience store’s surveillance video, which recorded him robbing the store from above and behind her head. In other words, the camera had the same view of Greene as Ms. Angeles. -2- J-S46033-18 Although she could not identify Greene during the line-up, Ms. Angeles testified that she had never been in a prison before and that she was afraid he would see her through the glass. She was also scared that Greene or one of his friends might harm her for cooperating with the authorities. Thus, she was very upset and nervous during the line-up to the point of tears. Critically, ...
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