Opinion
570075/07.
Decided on May 21, 2008.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Frederick Berman, J.H.O.), rendered January 10, 2007, after a nonjury trial, convicting him of trespass, and imposing sentence.
Judgment of conviction (Frederick Berman, J.H.O.) rendered January 10, 2007, affirmed.
PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.
Defendant's present challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see People v Gray, 86 NY2d 10), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The credited police testimony, showing that defendant was indiscriminately "ringing buzzers" inside the vestibule of an apartment building and was unable to identify either the name of the "friend" whom he supposedly was trying to visit or the building's address or street location, was sufficient to support defendant's conviction of trespass ( see Penal Law § 140.05). To the extent that defendant's purported legal sufficiency argument — impugning the testifying police officer's testimony as "internally inconsistent and unreliable" — is in reality a challenge to the conviction on weight of the evidence grounds, it is similarly lacking in merit. We find no basis to disturb the trial court's credibility determinations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur