People v Hill (Jerome)

[*1] People v Hill (Jerome) 2010 NY Slip Op 51883(U) [29 Misc 3d 131(A)] Decided on November 5, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 5, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570245/09.

The People of the State of New York, Respondent,

against

Jerome Hill, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James D. Gibbons, J.), rendered October 10, 2008, after a nonjury trial, convicting him of blocking free movement in a transit facility (21 NYCRR 1050.7[j][4]) and loitering, and imposing sentence.

Per Curiam.

Judgment of conviction (James D. Gibbons, J.), rendered October 10, 2008, affirmed.

Defendant failed to preserve his present challenge to the legal sufficiency of the evidence, and we decline to review it in the interest of justice. As an alternative holding, we find that the trial evidence, viewed in the light most favorable to the People, was legally sufficient to establish defendant's guilt of blocking free movement in a transit facility (21 NYCRR 1050.7[j][4]) and loitering (see People v Danielson, 9 NY3d 342 [2007]). Moreover, after applying the appropriate standard of review (see id. at 348-349), we conclude that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). In light of the credited testimony of the prosecution witnesses, the court was justified in finding defendant guilty beyond a reasonable doubt.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 05, 2010