Opinion
1034
May 1, 2003.
Judgment, Supreme Court, New York County (John Cataldo, J.), rendered June 27, 2001, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of 5 years probation, 500 hours of community service, and $6,816 of restitution, unanimously affirmed.
Priscilla Steward, for respondent.
Daniel M. Perez, for defendant-appellant.
Before: Saxe, J.P., Ellerin, Williams, Lerner, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the jury's determinations concerning credibility. The People presented compelling expert and statistical evidence warranting the conclusion that defendant's transactions involving damaged MetroCards were fraudulent and could not have been legitimate performances of his duties as a Transit Authority employee (see People v. McCorgray, 163 A.D.2d 263, lv denied 77 N.Y.2d 880). Furthermore, a witness, properly credited by the jury, testified that he sold a quantity of bent MetroCards to defendant and watched defendant use his computer to create new cards.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.