NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 22, 2010
THE PEOPLE OF THE STATE OF NEW YORK, IND. RESPONDENT,
MICHAEL FERGUSON, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Carol Berkman, 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.
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.
Gonzalez, P.J., Saxe, Nardelli, McGuire, Moskowitz, JJ.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). 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 co-defendant 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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