S. Ct. Crim. No. 2012-0114

Convictions for first-degree robbery, grand larceny, first-degree assault, and use of a dangerous weapon during commission of these crimes are affirmed. There is no merit to the defendant's argument that the Superior Court erred in denying a mistrial because the People violated his due process rights by failing to provide a legible, executed copy of a testifying accomplice's plea agreement before trial, The People did not commit a Brady violation in providing a copy of the plea agreement that was unexecuted and difficult to read, as this document was as public record that defendant could have obtained from the Superior Court. The accomplice's testimony identifying the present defendant as a co-perpetrator was not incredible as a matter of law, as the witness did not testify to anything that was physically impossible for him to have witnessed, and any inconsistencies in his testimony were properly left to the jury to resolve. A surveillance video recording was properly authenticated, and therefore its admission was not an abuse of discretion. However, the Superior Court committed plain error in imposing sentence on multiple offenses arising out of the same act and, therefore, the convictions are affirmed but the case is remanded for sentencing in compliance with 14 V.I.C. § 104.