People v Marlow (Elizabeth)

[*1] People v Marlow (Elizabeth) 2009 NY Slip Op 51259(U) [24 Misc 3d 126(A)] Decided on June 16, 2009 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 16, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., SCHEINKMAN and LaCAVA, JJ
2008-198 W CR.

The People of the State of New York, Respondent,

against

Elizabeth Marlow, Appellant.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), rendered December 21, 2007. The judgment convicted defendant, after a nonjury trial, of disorderly conduct.

Judgment of conviction affirmed.

Upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of disorderly conduct (Penal Law § 240.20 [2]). Moreover, giving much deference to the trial court's verdict, particularly with respect to its credibility determinations (see People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we
conduct our own review of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we find that the verdict was not against the weight of the evidence. The People's case was supported by consistent and credible testimony. In view of the foregoing, the judgment of conviction is affirmed.

Rudolph, P.J., and LaCava, J., concur.

Scheinkman, J., taking no part.
Decision Date: June 16, 2009