People v Kante (Mahmaduo)

[*1] People v Kante (Mahmaduo) 2015 NY Slip Op 51612(U) Decided on November 10, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 10, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
13-062

The People of the State of New York, Respondent, -

against

Mahmaduo Kante, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Matthew A. Sciarrino, J.), rendered July 31, 2012, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Matthew A. Sciarrino, J.), rendered July 31, 2012, affirmed.

Defendant's conviction of criminal trespass in the third degree (see Penal Law § 140.10[a]) was supported by legally sufficient evidence and was not against the weight of the evidence, which showed that defendant manipulated a turnstile - pulling it backwards and squeezing his body through - in an attempt to enter the subway platform without payment (see People v Thiam, 16 Misc 3d 136[A], 2007 NY Slip Op 51665[U] [App Term, 1st Dept 2007], lv denied 9 NY3d 993 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 10, 2015