People v Marrero
2009 NY Slip Op 05186 [63 AD3d 570]
June 23, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


The People of the State of New York, Respondent,
v
Michael Marrero, Appellant.

[*1] Law Offices of Murray Richman, Bronx (Brian T. Pakett of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered December 22, 2006, convicting defendant, after a jury trial, of attempted coercion in the first degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant's challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the evidence was legally sufficient. We further find that the 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, including its resolution of inconsistencies in testimony. The fact that the jury acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). Concur—Tom, J.P., Friedman, Catterson, Moskowitz and Richter, JJ.