| People v Joseph |
| 2021 NY Slip Op 05786 [198 AD3d 544] |
| October 21, 2021 |
| 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 Ronnell Joseph, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered June 26,
2017, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and
sentencing him, as a second violent felony offender, to a term of 1
Defendant's legal insufficiency claim is unpreserved, and we decline to review it 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]). Initially, we perceive no basis to disturb the jury's credibility determinations. The evidence provided the jury with ample basis to conclude that defendant stole a chain from the victim's person. The fact that the jury acquitted defendant of robbery does not warrant a different conclusion. Although in performing weight of the evidence review, we may consider an alleged factual inconsistency in a verdict (see People v Rayam, 94 NY2d 557, 563 n [2000]), we nevertheless find it "imprudent to speculate concerning the factual determinations that underlay the verdict" (People v Horne, 97 NY2d 404, 413 [2002]; see also People v Hemmings, 2 NY3d 1, 5 n [2004]). Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.