Opinion
571010/02.
Decided August 24, 2004.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered March 13, 2002 after a nonjury trial (Ellen M. Coin, J.) convicting her of prostitution (Penal Law § 230.00), and imposing sentence.
Judgment of conviction rendered March 13, 2002 (Ellen M. Coin, J.) affirmed.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Defendant's conviction of prostitution (Penal Law § 230.00) was supported by legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were presented to the trial court, as factfinder, and we see no reason to disturb its determinations ( see People v. Gaimari, 176 NY 84, 94). Considering, among other factors, the nature and circumstances of the undercover police officer's initial verbal exchange with the defendant in the rear of the barber shop premises and the defendant's conduct immediately after the officer's solicitation in re-entering the cubicle area clad only in a towel, the credible evidence showed beyond a reasonable doubt that defendant agreed to engage in sexual conduct for a fee.
This constitutes the decision and order of the court.