Opinion
06-13-2017
The PEOPLE of the State of New York Respondent, v. John GONZALEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Frances A. Gallagher of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Frances A. Gallagher of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Judgment, Supreme Court, New York County (Daniel McCullough, J.), rendered December 5, 2013, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to a term of four months, unanimously affirmed.
The verdict was supported by legally sufficient evidence and not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis to disturb the jury's credibility determinations. Although defendant had been working on a construction project at a building, the evidence, including defendant's own statements, supports inferences that he had no permission to be in the building in the middle of the night when no work was scheduled or authorized, and that he was aware of his lack of any license or privilege to enter (see e.g. People v. Watson, 221 A.D.2d 264, 264, 634 N.Y.S.2d 78 [1st Dept.1995], lv. denied 87 N.Y.2d 926, 641 N.Y.S.2d 608, 664 N.E.2d 519 [1996] ).
FRIEDMAN, J.P., MAZZARELLI, MOSKOWITZ, GISCHE, GESMER, JJ., concur.