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People v. Perez

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 13, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RONALD PEREZ, DEFENDANT-APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Acosta, Freedman, JJ.

2921/07

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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091013

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