[*1]
People v Gerry (Dylan)
2019 NY Slip Op 51492(U) [65 Misc 3d 126(A)]
Decided on September 18, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 18, 2019
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Cooper, Edmead, JJ.
570354/18

The People of the State of New York,

against

Dylan Gerry, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Charlotte E. Davidson, J.), rendered May 1, 2017, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Charlotte E. Davidson, J.), rendered May 1, 2017, affirmed. 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 trial court's credibility determinations, in which it accepted the police officer's version of the turnstile-jumping incident and rejected defendant's.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concurI concurI concur


Decision Date: September 18, 2019