People v. Perez

66 A.D.2d 489, 885 N.Y.S.2d 901

Opinion

Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered November 20, 2007, convicting defendant, after a jury trial, of three counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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 determinations concerning credibility. A videotape showed defendant furtively reaching into the victim’s workspace and removing an object, and the remaining evidence warrants the conclusion that this object was the victim’s wallet, which contained credit cards. Concur—Saxe, J.P., Nardelli, Buckley, Acosta and Freedman, JJ.