Appellate Division of the Supreme Court of New York, 2010

People v. Ferguson

People v. Ferguson
Appellate Division of the Supreme Court of New York · Decided April 22, 2010
72 A.D.3d 541; 898 N.Y.S.2d 837
People v. Ferguson

Opinion of the Court

Judgment, Supreme Court, New York County (Carol Berk-man, J), rendered November 14, 2007, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property 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 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. The jury reasonably could have concluded from a store employee’s testimony that defendant intentionally assisted the codefendant in stealing merchandise, and discredited the testimony of a defense witness that defendant did no more than unwittingly accompany the witness on a shoplifting expedition. *542Concur—Gonzalez, P.J., Saxe, Nardelli, McGuire and Moskowitz, JJ.

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