From Casetext: Smarter Legal Research

People v. Cherry

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 22, 2019
65 Misc. 3d 136 (N.Y. App. Term 2019)

Opinion

570878/16

10-22-2019

The PEOPLE of the State of New York, Respondent, v. Samuel CHERRY, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Ann E. Scherzer, J.), rendered December 6, 2016, affirmed.

The verdict convicting defendant of occupying multiple seats on a subway car (see 21 NYCRR 1050.7 [j][1] ) and placing a foot on a subway seat car (see 21 NYCRR 1050.7 [j][2] ) was not against the weight of the evidence (see People v. Danielson , 9 NY3d 342, 348-349 [2007] ). The credibility issues raised by defendant were properly placed before the trier of fact and we find no reason on the record before us to disturb the court's determination to credit the police officers' eyewitness testimony that, in violation of New York City Transit Authority Rules, defendant was sleeping across multiple seats in a crowded subway car with his foot on a seat.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Cherry

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 22, 2019
65 Misc. 3d 136 (N.Y. App. Term 2019)
Case details for

People v. Cherry

Case Details

Full title:The People of the State of New York, v. Samuel Cherry, Defendant-Appellant.

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 22, 2019

Citations

65 Misc. 3d 136 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51670
119 N.Y.S.3d 377