People v Mohammad

People v Mohammad 2013 NY Slip Op 07126 Decided on October 31, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 31, 2013
Mazzarelli, J.P., Renwick, DeGrasse, Feinman, Gische, JJ.
10928 4768/10

[*1]The People of the State of New York, Respondent,

v

Adnan Mohammad, Defendant-Appellant.




Greenberg Law Office, Brooklyn (Jason W. Eldridge of
counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Emily L.
Auletta of counsel), for respondent.

Judgment, Supreme Court, New York County (Cassandra Mullen, J.), rendered January 27, 2012, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of five years' probation, 50 hours' community service and $23,700 in restitution, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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 credibility determinations, including its evaluation of inconsistencies. To the extent that defendant is arguing that the verdict did not comport with the court's charge, that claim is without merit.

Defendant's challenge to the prosecutor's summation is unpreserved, and we decline to review in the interest of justice. As an alternative holding, we find that the comment at issue does not warrant reversal.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 31, 2013

CLERK