Appellate Division of the Supreme Court of New York, 2014

People v. Holmes

People v. Holmes
Appellate Division of the Supreme Court of New York · Decided June 12, 2014 · Acosta, Daniels, Degrasse, Feinman, Manzanet, Richter
118 A.D.3d 515; 987 N.Y.S.2d 147
People v. Holmes

Opinion of the Court

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 15, 2012, convicting defendant, after a jury trial, of petit larceny, and sentencing him to a term of one year, 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 victim’s testimony, which was generally corroborated by that of a police officer, established a wrongful taking of property.

Concur — Acosta, J.E, DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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