People v Olmeda
2017 NY Slip Op 07690 [155 AD3d 421]
November 2, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 3, 2018


[*1]
 The People of the State of New York, Respondent,
v
Luis Olmeda, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Judgments, Supreme Court, New York County (Michael J. Obus, J.), rendered September 8, 2014, as amended September 30, 2014, convicting defendant, after a nonjury trial, of arson in the second degree and burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the court's credibility determinations, in which it accepted the victim's testimony and rejected defendant's.

We perceive no reason for reducing the sentence. Concur—Tom, J.P., Renwick, Mazzarelli, Oing and Singh, JJ.