| People v Woods (Lester) |
| 2006 NY Slip Op 52401(U) [14 Misc 3d 126(A)] |
| Decided on December 14, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through January 4, 2007; it will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, Bronx County (Raymond L. Bruce, J.), rendered December 7, 2004, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.
PER CURIAM:
Judgment of conviction (Raymond L. Bruce, J.), rendered December 7, 2004, affirmed.
Since defendant did not raise the issue by specific objection, his present claim that the evidence was insufficient to establish that he knowingly entered the public housing building unlawfully is unpreserved (see People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the element of knowingly unlawful entry was properly inferable from such factors as the presence in the building lobby of a "No Trespassing" sign warning violators of potential arrest and defendant's on-the-scene statement, in response to the plainclothes police officer's inquiries, that he was in the building to "buy crack". (cf. Matter of James C., 23 AD3d 262 [2005]).
We also conclude that the verdict was not against the weight of the evidence. There is no basis for disturbing the court's credibility determinations (see People v Bleakley, 69 NY2d 490, 495 [1987]).
This constitutes the decision and order of the court.
Decision Date: December 14, 2006