| People v LaTempa |
| 2015 NY Slip Op 07224 [132 AD3d 427] |
| October 6, 2015 |
| 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 Brandon LaTempa, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January
13, 2014, convicting defendant, after a jury trial, of criminal possession of a weapon in
the third degree and menacing in the second degree, and sentencing him, as a second
felony offender, to an aggregate term of 2
The verdict is 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, including its evaluation of inconsistencies in testimony.
We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Richter and Manzanet-Daniels, JJ.