People v Cantey
2009 NY Slip Op 02228 [60 AD3d 533]
March 24, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent,
v
Theodore Cantey, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Lily Goetz of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered October 29, 2007, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

The jury's 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 determinations concerning credibility. The credible evidence clearly established that defendant knew he was not permitted to enter any Duane Reade store, including the store where this crime was committed. Concur—Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.