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People v. Marino

Appellate Term of the Supreme Court of New York, First Department
Jun 10, 2011
2011 N.Y. Slip Op. 51075 (N.Y. App. Term 2011)

Opinion

570028/10.

Decided June 10, 2011.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered December 8, 2009, after a nonjury trial, convicting her of attempted petit larceny, and imposing sentence.

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.


Judgment of conviction (Anthony J. Ferrara, J.), rendered December 8, 2009, affirmed.

The verdict was supported by legally sufficient evidence establishing defendant's guilt of attempted petit larceny ( see Penal Law §§ 110.00, 155.25; People v Olivo, 52 NY2d 309, 318-319), and was not against the weight of the evidence ( see People v Leon, 4 Misc 3d 137[A], 2004 NY Slip Op 50845[U], lv denied 3 NY3d 758). Issues of credibility, including the weight to be given to any alleged inconsistencies in testimony, were properly considered by the court and there is no basis for disturbing its determinations ( see People v Danielson, 9 NY3d 342, 348-349).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Marino

Appellate Term of the Supreme Court of New York, First Department
Jun 10, 2011
2011 N.Y. Slip Op. 51075 (N.Y. App. Term 2011)
Case details for

People v. Marino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTA MARINO

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 10, 2011

Citations

2011 N.Y. Slip Op. 51075 (N.Y. App. Term 2011)