People v Kouakou (Yao)

[*1] People v Kouakou (Yao) 2015 NY Slip Op 51115(U) Decided on July 28, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 28, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
570764/12

The People of the State of New York, Respondent,

against

Yao Kouakou, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Richard Ross, J.H.O.), rendered May 30, 2012, after a nonjury trial, convicting him of fare evasion (21 NYCRR 1050.4[a]), and imposing sentence.

Per Curiam.

Judgment of conviction (Richard Ross, J.H.O.), rendered May 30, 2012, affirmed.

Defendant's challenge to the legal sufficiency of the evidence supporting his conviction of fare evasion is unpreserved for appellate review, 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 [2007]). The court, as factfinder, was warranted in concluding that defendant entered the bus through the rear door, evading the payment of the fare (see 21 NYCRR 1050.4[a]).

Defendant failed to preserve his present contention that the trial court acted as a prosecutor and deprived him of his constitutional right to a fair trial (see People v Kello, 96 NY2d 740 [2001]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v DeLeyden, 10 NY2d 293 [1961]; People v Hightower, 29 Misc 3d 131[A], 2010 NY Slip Op 51882[U] [App Term, 1st Dept 2010], lv denied 16 NY3d 831 [2011]; cf People v Arnold, 98 NY2d 63 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: July 28, 2015