| People v Parker |
| 2012 NY Slip Op 00016 [91 AD3d 423] |
| Jnury 3, 2012 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v VerneParker, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), forrespondent.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered April 7,2010, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencingher to a term of 30 days, with five years' probation and a restitution order, unanimously affirmed.
Defendant's challenges to the sufficiency of the evidence are unpreserved and we decline toreview them in the interest of justice. As an alternative holding, we find that the verdict wasbased on legally sufficient evidence. We further find that the verdict was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury'scredibility determinations. The evidence established that defendant charged car rental fees to heremployer without a good faith belief that she was entitled to do so (see Penal Law§ 155.15 [1]; People v Zona,14 NY3d 488, 493 [2010]), and that her actions caused her employer to become indebted toa rental company in an amount that exceeded $7,000.
Defendant's challenges to the prosecutor's summation and the court's charge are unpreservedand we decline to review them in the interest of justice. As an alternative holding, we also rejectthem on the merits.[*2]
To the extent defendant is claiming that she receivedineffective assistance of counsel, we reject that claim (see People v Benevento, 91 NY2d708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.