People v Albert Campbell

People v Campbell 2004 NY Slip Op 02269 [5 AD3d 290] March 25, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

The People of the State of New York, Respondent,
v
Albert Campbell, Appellant.

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Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 30, 2001, convicting defendant, after a jury trial, of burglary in the second degree and grand larceny in the third degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 16 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence established that defendant was not licensed or privileged to enter the victim's apartment at the time of the crime, and that defendant was aware of this fact. Concur—Buckley, P.J., Nardelli, Saxe and Marlow, JJ.