[*1]
| People v Marino (Santa) |
| 2011 NY Slip Op 51075(U) [31 Misc 3d 150(A)] |
| Decided on June 10, 2011 |
| 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| This opinion is uncorrected and will not be
published in the printed Official Reports. |
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570028/10.
The People of the State of New York,
Respondent,
against
Santa Marino,
| JUNE 10, 2011 |
| SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT |
| | | | | | | | |
| | | | | | | | May
2011 Term |
Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
The People of the State of
New York, NY County Clerk's No.
Respondent,570028/10
-against-
Santa Marino,Calendar No. 10-295
Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of
New York, New York County (Anthony J. Ferrara, J.), rendered December 8, 2009, after a
nonjury trial, convicting her of attempted petit larceny, and imposing sentence.
Per Curiam.
Judgment of conviction (Anthony J. Ferrara, J.), rendered December 8, 2009, affirmed.
The verdict was supported by legally sufficient evidence establishing defendant's guilt of
attempted petit larceny (see Penal Law §§ 110.00, 155.25; People v Olivo, 52 NY2d
309, 318-319 [1981]), and was not against the weight of the evidence (see People v Leon, 4 Misc
3d 137[A], 2004 NY Slip Op 50845[U] [2004], lv denied 3 NY3d 758 [2004]). Issues of
credibility, including the weight to be given to any alleged inconsistencies in testimony, were
properly considered by the court and there is no basis for disturbing its determinations (see
People v Danielson, 9 NY3d 342, 348-349 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: June 10, 2011
Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Anthony J. Ferrara, J.), rendered December 8, 2009, after a nonjury trial,
convicting her of attempted petit larceny, and imposing sentence.
Per Curiam.
Judgment of conviction (Anthony J. Ferrara, J.), rendered December 8, 2009, affirmed.
The verdict was supported by legally sufficient evidence establishing defendant's guilt of
attempted petit larceny (see Penal Law §§ 110.00, 155.25; People v
Olivo, 52 NY2d 309, 318-319 [1981]), and was not against the weight of the evidence
(see People v Leon, 4 Misc 3d 137[A], 2004 NY Slip Op 50845[U] [2004], lv
denied 3 NY3d 758 [2004]). Issues of credibility, including the weight to be given to any
alleged inconsistencies in testimony, were properly considered by the court and there is no basis
for disturbing its determinations (see People v Danielson, 9 NY3d 342, 348-349 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: June 10,
2011