People v Mitchell, 2016 NY Slip Op 08327 [145 AD3d 525]

December 13, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Keith Mitchell, Appellant.

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 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence ( People v Danielson , 9 NY3d 342 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of any inconsistencies in testimony. Concur—Tom, J.P., Friedman, Saxe, Feinman and Kahn, JJ..