Opinion
03-03-2015
The PEOPLE of the State of New York, Respondent, v. Esmilta FERNANDEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Paul B. Hershan of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.Robert T. Johnson, District Attorney, Bronx (Paul B. Hershan of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 24, 2012, convicting defendant, after a nonjury trial, of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree, and sentencing her to a conditional discharge, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The evidence, viewed as a whole, supports an inference that, after finding the victim's wallet, defendant removed money from the wallet before returning it to the victim.
ACOSTA, J.P., ANDRIAS, SAXE, DeGRASSE, RICHTER, JJ., concur.