← Cases

People v. Cruz

111 A.D.3d 453 Court N.Y. App. Div. Decision date 2013-11-12 English

Contents

Majority

p. 453
The People of the State of New York, Respondent, v Flor Cruz, Appellant.
[974 NYS2d 778]

— Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered August 8, 2012, convicting defendant, after a jury trial, of two counts of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

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. The evidence supports the conclusion that defendant exercised dominion and control over two illegal knives found in a dresser containing defendant’s clothing, located in his apartment, in the bedroom where he was apprehended. Concur — Andrias, J.E, Acosta, Saxe, Renwick and Manzanet-Daniels, JJ.

Cases cited