People v. Mitchell

• Decision Date: 13 December 2016
• Citation: 145 A.D.3d 525,2016 N.Y. Slip Op. 08327,41 N.Y.S.3d 885 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Keith MITCHELL, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

145 A.D.3d 525

41 N.Y.S.3d 885 (Mem)

2016 N.Y. Slip Op. 08327

The PEOPLE of the State of New York, Respondent,

v.Keith MITCHELL, Defendant–Appellant.

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

Dec. 13, 2016.

Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered August 4, 2014, as amended November 18, 2014, convicting defendant, after a jury trial, of criminal possession of a forged instrument in the first degree (two counts) and jostling, and sentencing him, as a second felony offender, to an aggregate term of three to six years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v. Daniels, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations, including its evaluation of any inconsistencies in testimony.

TOM, J.P., FRIEDMAN, SAXE, FEINMAN, KAHN, JJ., concur.