PEOPLE v. GARCIA (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Francisco GARCIA, Defendant-Appellant.

Decided: April 28, 2005

BUCKLEY, P.J., SULLIVAN, ELLERIN, WILLIAMS, and CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Hilary Hassler of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered July 5, 2000, convicting defendant, after a jury trial, of burglary in the second degree and three counts of criminal contempt in the first degree, and sentencing him, as a second felony offender, to a term of 7 years concurrent with three concurrent terms of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ). The jury could have reasonably inferred that defendant entered the victim's apartment with intent to commit a crime, particularly since there was credible evidence that defendant began to beat the victim immediately after his unlawful entry.

We perceive no basis for reducing the sentence.

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