People v Soloman (Kemar)

[*1] People v Soloman (Kemar) 2020 NY Slip Op 51267(U) Decided on October 30, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 30, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead P.J., Higgitt, McShan, JJ.
570287/15

People of the State of New York, Respondent,

against

Kemar Anthony Soloman, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Robert G. Seewald, J.H.O.), rendered February 18, 2014, after a nonjury trial, convicting defendant of loitering for the purpose of engaging in a prostitution offense, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert G. Seewald, J.H.O.), rendered February 18, 2014, affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. The evidence regarding defendant's behavior toward male passersby in a prostitution-prone location at 5:30 a.m., coupled with defendant's admissions to the arresting officer, was sufficient to support the inference, beyond a reasonable doubt, that defendant was loitering for the purpose of engaging in a prostitution offense (see Penal Law § 240.37[2]; People v Smith, 44 NY2d 613, 622 [1978]; People v Byrd, 1990 NY Misc LEXIS 787 [No.89-454][1990]).

Nor was the verdict against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis upon which to disturb the trial court's determinations concerning credibility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 30, 2020