Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Esmilta Fernandez, Appellant

126 A.D.3d 4252 N.Y.S.3d 344·New York Supreme Court, Appellate Division·2015·NY

Concur — Acosta, J.P., Andrias, Saxe, DeGrasse and Richter, JJ.

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Opinion

The People of the State of New York, Respondent, v Esmilta Fernandez, Appellant. [2 NYS3d 344] [MAJORITY] Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 24, 2012, convicting defendant, after a nonjury trial, of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree, and sentencing her to a conditional discharge, unanimously affirmed. The verdict was based on legally sufficient evidence and 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 court’s credibility determinations. The evidence, viewed as a whole, supports an inference that, after finding the victim’s wallet, defendant removed money from the wallet before returning it to the victim. Concur — Acosta, J.P., Andrias, Saxe, DeGrasse and Richter, JJ.