Appellate Division of the Supreme Court of New York, 1999

People v. Pagan

People v. Pagan
Appellate Division of the Supreme Court of New York · Decided June 15, 1999
262 A.D.2d 148; 690 N.Y.S.2d 449; 1999 N.Y. App. Div. LEXIS 6719
People v. Pagan

Opinion of the Court

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered November 3, 1997, convicting defendant, after a jury trial, of attempted burglary in the second degree and possession of burglar’s tools (4 counts), and sentencing him to a term of 7 years concurrent with four concurrent terms of 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning identification and credibility and find that there was ample evidence from which the jury could infer defendant’s accessorial liability. We have considered and rejected defendant’s remaining arguments on this subject.

We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.

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