People v. Miranda , 143 A.D.3d 491 ( 2016 )

People v Miranda (2016 NY Slip Op 06651)

People v Miranda

2016 NY Slip Op 06651

Decided on October 11, 2016

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 11, 2016
Mazzarelli, J.P., Sweeny, Acosta, Moskowitz, Gesmer, JJ.

1849 3272/13

[*1]The People of the State of New York, Respondent,

v

Luis Miranda, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Megan Byrne of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 31, 2014, convicting defendant, after a jury trial, of two counts of criminal contempt in the second degree, and sentencing him to a conditional discharge for a period of one year, 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. Among other things, the victim's testimony was generally

corroborated by a videotape, and defendant's arguments to the contrary are unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 11, 2016

CLERK