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The People of the State of New York v. Esam Younes

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 30, 2010

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ESAM YOUNES,
DEFENDANT-APPELLANT.

Per curiam.

People v. Younes (Esam)

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 30, 2010

PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered April 8, 2009, after a non-jury trial, convicting him of public lewdness and exposure of a person, and sentencing him to 45 days in jail.

Judgment of conviction (James M. Burke, J.), rendered April 8, 2009, affirmed.

The trial evidence, viewed in the light most favorable to the People, was legally sufficient to establish defendant's guilt of public lewdness and exposure of a person (see People v Danielson, 9 NY3d 342 [2007]). Moreover, after applying the appropriate standard of review (see id. at 348-349), we conclude that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). There is no basis for disturbing the court's determinations concerning credibility, including its evaluation of the different versions of the incident presented by the prosecution and defense witnesses.

We decline to disturb the sentence imposed by the trial court (see generally People v Suitte, 90 AD2d 80 [1982]).

We have considered defendant's remaining contention and find it to be without merit (see generally People v Glover, 57 NY2d 61 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 30, 2010

20101230

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