| People v McDaniel |
| 2014 NY Slip Op 08716 [123 AD3d 496] |
| December 11, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v William McDaniel, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (Anastasia Heeger of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (W. Robert Fair of counsel), for respondent.
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered
December 13, 2012, convicting defendant, after a jury trial, of burglary in the third
degree, and sentencing him, as a second felony offender, to a term of 2
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 credibility determinations. The evidence supports the inference that defendant unlawfully entered a building with intent to commit a crime, and there is nothing in the evidence to suggest a noncriminal purpose for defendant's entry.
We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.