PEOPLE v. HANCOCK (2021)

Judgment of conviction (Robert M. Mandelbaum, J.), rendered February 10, 2014, affirmed.

The verdict convicting defendant of criminal trespass in the third degree (see Penal Law § 140.10[a]) was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis upon which to disturb the trial court's determinations concerning credibility. The credited police testimony established that defendant entered a New York City subway platform unlawfully by jumping over a turnstile without paying the required fare and without permission (see People v. Alvarez, 162 AD3d 596 [2018], lv denied 32 NY3d 1108 [2018]; People v. Harvey, 57 Misc 3d 156[A], 2017 NY Slip Op 51626[U][App Term, 1st Dept 2017], lv denied 30 NY3d 1115 [2018]). Defendant's “actions were incompatible with those of a member of some category of persons having permission to ride the subway without paying, and the evidence supported the conclusion that he had no such permission” (People v. Alvarez, 162 AD3d at 596).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur