People v Fernandez (Samuel)

[*1] People v Fernandez (Samuel) 2010 NY Slip Op 50856(U) [27 Misc 3d 136(A)] Decided on May 14, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570683/06

The People of the State of New York, Respondent,

against

Samuel Fernandez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Deborah A. Kaplan, J.), rendered September 7, 2006, convicting him, after a jury trial, of identity theft in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Deborah A. Kaplan, J.), rendered September 7, 2006, affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's credibility determinations. Defendant's intent to defraud, viz., his conscious aim and objective to defraud (see Penal Law § 15.05[1]) was readily inferable from his demonstrated use of the complainant's "personal identifying information" (Penal Law § 190.78), including the latter's debit card account number, to effectuate the unauthorized transactions (see People v Vandermuelen, 42 AD3d 667, 670 [2007], lv denied 9 NY3d 965 [2007]).

We find no basis for reducing defendant's sentence, and note that the relief now sought by defendant — the grant of an adjournment in contemplation of dismissal — is not statutorily authorized (see CPL 170.55[1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 14, 2010