Opinion
5263 Ind. 2976/14
12-21-2017
The PEOPLE of the State of New York, Respondent, v. Ioulia GUERMAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Anokhi Shah of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Meghan C. O'Brien of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Anokhi Shah of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Meghan C. O'Brien of counsel), for respondent.
Tom, J.P., Friedman, Renwick, Kahn, Kern, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered July 29, 2015, convicting defendant, after a nonjury trial, of burglary in the third degree, criminal possession of stolen property in the fifth degree, petit larceny and possession of burglar's tools, and sentencing her to an aggregate term of five years' probation, unanimously affirmed.
The verdict 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, including its evaluation of a store employee's testimony that he had communicated a trespass notice barring defendant from the store after a prior shoplifting incident.We perceive no basis for reducing the sentence.