People v Mahoney

People v Mahoney 2013 NY Slip Op 08831 Decided on December 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 December 31, 2013
Mazzarelli, J.P., Andrias, DeGrasse, Freedman, Gische, JJ.
11424 194/11

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

v

Dwayne Mahoney, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Allen Fallek
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L.
Haber of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered June 7, 2011, convicting defendant, after a jury trial, of one count of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weigh 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 in testimony.

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

ENTERED: DECEMBER 31, 2013

CLERK