People v. LaTempa

132 A.D.3d 427, 17 N.Y.S.3d 293
Appellate Division of the Supreme Court of the State of New York·Decided October 6, 2015·No. 15779 2411/13·Published

Opinion

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 13, 2014, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 2½ to 5 years, unanimously affirmed.

The verdict is not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Gonzalez, P.J., Mazzarelli, Sweeny, Richter and ManzanetDaniels, JJ.

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People v. LaTempa, 132 A.D.3d 427, 17 N.Y.S.3d 293 (N.Y. Ct. App. 2015).

132 A.D.3d 427 (People v. LaTempa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)