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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL CURETON, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a nonjury trial of, inter alia, unlawful imprisonment in the second degree (Penal Law § 135.05), defendant contends that the verdict with respect to that crime is against the weight of the evidence. Although we agree with defendant that “an acquittal would not have been unreasonable,” we conclude that, viewing the evidence in light of the elements of the crime in this nonjury trial, “[b]ased on the weight of the credible evidence ․ [County Court] was justified in finding the defendant guilty beyond a reasonable doubt” (People v. Danielson, 9 NY3d 342, 348). The court was entitled to resolve credibility issues against defendant (see People v. Cuthrell, 13 AD3d 1224, 1225, lv denied 4 NY3d 885), and to reject his version of the events (see People v. McCoy, 100 AD3d 1422, 1422). “[U]pon our review of the record, we cannot say that the court failed to give the evidence the weight that it should be accorded” (People v. Britt, 298 A.D.2d 984, 984, lv denied 99 N.Y.2d 556). Finally, defendant's challenge to the legality of the sentence of probation imposed on the unlawful imprisonment count has been rendered moot as a result of the revocation of his sentence of probation (see generally People v. Meli, 142 A.D.2d 938, 939, lv denied 72 N.Y.2d 921).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 11–01285
Decided: April 26, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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