PEOPLE v. ESCALONA MARTINEZ (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jose ESCALONA-MARTINEZ, Defendant-Appellant.

570876 /16

Decided: May 13, 2020

PRESENT: Shulman, P.J., Cooper, Edmead, JJ.

Judgment of conviction (Steven Antignani, J.), rendered December 12, 2016, affirmed.

The verdict convicting defendant of aggressive begging (see Administrative Code of City of NY § 10—136[b][1] ) 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 credited by the court established that defendant, who was dressed in costume while in Times Square, jumped into a family photograph and demanded money from the father in a way that was "intended or [ ] likely to cause a reasonable person" to be "intimidated into giving money" (see Administrative Code § 10-136(a)(1)(a)(ii); see also People v. Ward, 47 Misc 3d 155[A], 2015 NY Slip Op 50879[U][App Term, 1st Dept 2015], lv denied 27 NY3d 1008 [2016]; People v. White, 40 Misc 3d 126[A], 2013 NY Slip Op 51024[U][App Term, 1st Dept 2013], lv denied 22 NY3d 1044 [2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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