Opinion
570287/15
10-30-2020
PEOPLE of the State of New York, Respondent, v. Kemar Anthony SOLOMAN, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Robert G. Seewald, J.H.O.), rendered February 18, 2014, affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes , 60 NY2d 620 [1983] ), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. The evidence regarding defendant's behavior toward male passersby in a prostitution-prone location at 5:30 a.m., coupled with defendant's admissions to the arresting officer, was sufficient to support the inference, beyond a reasonable doubt, that defendant was loitering for the purpose of engaging in a prostitution offense (see Penal Law § 240.37[2] ; People v Smith , 44 NY2d 613, 622 [1978] ; People v Byrd , 1990 NY Misc LEXIS 787 [No.89-454][1990] ).
Nor was the verdict against the weight of the evidence (see People v Danielson , 9 NY3d 342, 348-349 [2007] ). There is no basis upon which to disturb the trial court's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur