| People v Ndiongue |
| 2020 NY Slip Op 05821 [187 AD3d 548] |
| October 15, 2020 |
| 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 Alioune Ndiongue, Appellant. |
Stephen Chu, Interim Attorney-in-Charge, Office of the Appellate Defender, New York (Katrina Jean Myers of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Claire E. Nielsen of counsel), for respondent.
Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered August 10, 2017, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him to a term of one to three years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supports the jury's conclusion that defendant, a department store employee, used a credit card number without authorization to purchase a gift card in the amount of $2,000. The fact that the jury acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). Concur—Renwick, J.P., Gesmer, González, Scarpulla, JJ.