People v. McDaniel

123 A.D.3d 496, 997 N.Y.S.2d 424

Opinion

Judgment, Supreme Court, New York County (Ruth Fickholz, J), rendered December 13, 2012, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The verdict was 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. The evidence supports the inference that defendant unlawfully entered a building with intent to commit a crime, and there is nothing in the evidence to suggest a noncriminal purpose for defendant’s entry. We perceive no basis for reducing the sentence.

Concur— Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.