People
v.
Kante

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENTNov 10, 2015
28 N.Y.S.3d 650 (N.Y. App. Div. 2015)
28 N.Y.S.3d 6502015 N.Y. Slip Op. 51612

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No. 13–062.

11-10-2015

The PEOPLE of the State of New York, Respondent, v. Mahmaduo KANTE, Defendant–Appellant.


Judgment of conviction (Matthew A. Sciarrino, J.), rendered July 31, 2012, affirmed.

Defendant's conviction of criminal trespass in the third degree (see Penal Law § 140.10[a] ) was supported by legally sufficient evidence and was not against the weight of the evidence, which showed that defendant manipulated a turnstile-pulling it backwards and squeezing his body through-in an attempt to enter the subway platform without payment (see People v. Thiam, 16 Misc.3d 136[A], 2007 N.Y. Slip Op 51665[U] [App Term, 1st Dept 2007], lv denied 9 NY3d 993 [2007] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.