People v Manley

People v Manley 2013 NY Slip Op 00439 Decided on January 29, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 29, 2013
Mazzarelli, J.P., Renwick, Richter, Gische, Clark, JJ.
9107 1056/09

[*1]The People of the State of New York, Respondent,

v

Tyra Manley, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Susan Epstein
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Emily Perks
Quinlan of counsel), for respondent.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered May 18, 2010, as amended March 10, 2011, convicting defendant, after a jury trial, of two counts of identity theft in the second degree and two counts of unlawful possession of personal identification information in the third degree, and sentencing her, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.

Defendant's legal sufficiency claim is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. Defendant's guilt was established by a chain of circumstantial evidence, as well as defendant's own admissions.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 29, 2013

CLERK