PEOPLE v. McDANIEL (2014)

The PEOPLE of the State of New York, Respondent, v. William McDANIEL, Defendant–Appellant.

Decided: December 11, 2014

GONZALEZ, P.J., TOM, FRIEDMAN, ACOSTA, MOSKOWITZ, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Anastasia Heeger of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (W. Robert Fair of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, 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 21/212 to 5 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. 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.

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