Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Dwayne Mahoney, Appellant

112 A.D.3d 556976 N.Y.S.2d 881·New York Supreme Court, Appellate Division·2013·NY

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Opinion

The People of the State of New York, Respondent, v Dwayne Mahoney, Appellant. [976 NYS2d 881] [MAJORITY] Judgment, Supreme Court, New York County (Daniel P Conviser, J.), rendered June 7, 2011, convicting defendant, after a jury trial, of one count of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term 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, including its evaluation of inconsistencies in testimony. Concur — Mazzarelli, J.E, Andrias, DeGrasse, Freedman and Gische, JJ.