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People v Meyers (Charles)
2016 NY Slip Op 50065(U) [50 Misc 3d 136(A)]
Decided on January 20, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 20, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570196/13

The People of the State of New York, Respondent,

against

Charles Meyers, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Matthew A. Sciarrino, J.), rendered October 23, 2012, after a nonjury trial, convicting him of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Matthew A. Sciarrino, J.), rendered October 23, 2012, affirmed.

Defendant's challenge to the sufficiency of the evidence regarding his convictions for attempted petit larceny and attempted criminal possession of stolen property in the fifth degree is unpreserved for appellate review, as his motion to dismiss was not specifically directed at the deficiencies now raised on appeal (see People v Gray, 86 NY2d 10, 19 [2014]), and we decline to review in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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 factfinder's credibility determinations. The intent and asportation elements of the theft-related crimes upon which defendant was convicted were established by the credited police testimony that after the officer placed his camera down on the ground, while assisting another officer handcuff a suspect, defendant ran from the crowd, picked up the camera and ran away with it (see People v Olivo, 52 NY2d 309, 318-319 [1981]; People v Brunson, 294 AD2d 104 [2002], lv denied 98 NY2d 695 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: January 20, 2016