People v Santos
2008 NY Slip Op 02762 [49 AD3d 470]
March 27, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008
People v Santos
The People of the State of New York, Respondent,
Carlos Santos, Appellant.
—[*1] Steven Banks, The Legal Aid Society, New York City (Adrienne Gantt of counsel), and Dewey & LeBoeuf, LLP, New York City (Mayur R. Patel of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky III of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J., at suppression hearing; Seth L. Marvin, J., at jury trial and sentence), rendered November 3, 2005, convicting defendant of burglary in the first degree, and sentencing him, as a second felony offender, to a term of 18 years, unanimously affirmed.
Defendant's challenge to the sufficiency of the evidence is unpreserved (see People v Gray, 86 NY2d 10 ), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. We further find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). There was overwhelming proof of defendant's guilt, including identification testimony and extensive circumstantial evidence.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 ), including its rejection of defendant's testimony that he told the police he was represented by counsel on an unrelated charge and requested the presence of his attorney at a lineup. Defendant's other arguments concerning the lineup are without merit. Concur—Mazzarelli, J.P., Saxe, Buckley and Catterson, JJ.