| People v Boulart (Theresa) |
| 2012 NY Slip Op 51884(U) [37 Misc 3d 127(A)] |
| Decided on October 3, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Barbara Jaffe, J.), rendered December 1, 2009, convicting her, after a non-jury
trial, of attempted petit larceny and attempted criminal possession of stolen property, and
imposing sentence.
Per Curiam.
Judgment of conviction (Barbara Jaffe, J.), rendered December 1, 2009, affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. The intent and asportation elements of the theft-related crimes upon which defendant was convicted were established by the credited testimony of the store security guard and the properly admitted surveillance video. To the extent that defendant's purported legal sufficiency argument — impugning the security guard's credibility as "questionable" and urging that defendant's version of events was "the more likely scenario" — is in reality a challenge to the conviction on weight of the evidence grounds, it is lacking in merit. We find no basis to disturb the trial court's credibility determinations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 03, 2012