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People v. Holmes

118 A.D.3d 515 Court N.Y. App. Div. Decision date 2014-06-12 English

Judges Concur — Acosta, J.E, DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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p. 515
The People of the State of New York, Respondent, v Andre Holmes, Appellant.
[987 NYS2d 147]

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 15, 2012, convicting defendant, after a jury trial, of petit larceny, and sentencing him to a term of one year, 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 victim’s testimony, which was generally corroborated by that of a police officer, established a wrongful taking of property.

Concur — Acosta, J.E, DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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