People v Ferguson

People v Ferguson 2010 NY Slip Op 03225 [72 AD3d 541] April 22, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent,
v
Michael Ferguson, Appellant.

—[*1] Office of the Appellate Defender, New York (Richard M. Greenberg of counsel), and Weil, Gotshal & Manges, LLP, New York (Kathy A. Le of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 14, 2007, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning credibility. The jury reasonably could have concluded from a store employee's testimony that defendant intentionally assisted the codefendant in stealing merchandise, and discredited the testimony of a defense witness that defendant did no more than unwittingly accompany the witness on a shoplifting expedition. Concur—Gonzalez, P.J., Saxe, Nardelli, McGuire and Moskowitz, JJ.