← Cases

People v. McDaniel

123 A.D.3d 496 Court N.Y. App. Div. Decision date 2014-12-11 English

Judges Concur— Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.

Contents

Majority

p. 496
(December 11, 2014)
The People of the State of New York, Respondent, v William McDaniel, Appellant.
[997 NYS2d 424]

Judgment, Supreme Court, New York County (Ruth Fickholz, J), rendered December 13, 2012, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

p. 497
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 inference that defendant unlawfully entered a building with intent to commit a crime, and there is nothing in the evidence to suggest a noncriminal purpose for defendant’s entry. We perceive no basis for reducing the sentence.

Concur— Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.

Cases cited