People
v.
Kante

Not overruled or negatively treated on appealinfoCoverage
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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13-062

11-10-2015

The People of the State of New York, Respondent, v. Mahmaduo Kante, Defendant-Appellant.


PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Matthew A. Sciarrino, J.), rendered July 31, 2012, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.

Per Curiam.

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 NY 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 I concur I concur

Decision Date: November 10, 2015