People v Cloyce

People v Cloyce 2007 NY Slip Op 01470 [37 AD3d 339] February 22, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York, Respondent,
v
Edward Cloyce, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Courtni Y. Burleson of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jennifer H. Kim of counsel), for respondent.

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered March 4, 2005, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant possessed a knife with intent to use it unlawfully, in that during a shoplifting incident he pointed it at a store employee in a threatening manner. Concur—Andrias, J.P., Sullivan, Williams, Sweeny and Malone, JJ.