People v Perez
2009 NY Slip Op 07313 [66 AD3d 489]
October 13, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent,
v
Ronald Perez, Appellant.

[*1] Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Aaron M. Rubin of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered November 20, 2007, convicting defendant, after a jury trial, of three counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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. A videotape showed defendant furtively reaching into the victim's workspace and removing an object, and the remaining evidence warrants the conclusion that this object was the victim's wallet, which contained credit cards. Concur—Saxe, J.P., Nardelli, Buckley, Acosta and Freedman, JJ.