Opinion
2013-04-26
The PEOPLE of the State of New York, Respondent, v. Michael CURETON, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered May 23, 2011. The judgment convicted defendant, after a nonjury verdict, of unlawful imprisonment in the second degree and criminal contempt in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered May 23, 2011. The judgment convicted defendant, after a nonjury verdict, of unlawful imprisonment in the second degree and criminal contempt in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
MEMORANDUM:
On appeal from a judgment convicting him following a nonjury trial of, inter alia, unlawful imprisonment in the second degree (Penal Law § 135.05), defendant contends that the verdict with respect to that crime is against the weight of the evidence. Although we agree with defendant that “an acquittal would not have been unreasonable,” we conclude that, viewing the evidence in light of the elements of the crime in this nonjury trial, “[b]ased on the weight of the credible evidence ... [County Court] was justified in finding the defendant guilty beyond a reasonable doubt” ( People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1). The court was entitled to resolve credibility issues against defendant ( see People v. Cuthrell, 13 A.D.3d 1224, 1225, 787 N.Y.S.2d 579,lv. denied4 N.Y.3d 885, 798 N.Y.S.2d 730, 831 N.E.2d 975), and to reject his version of the events ( see People v. McCoy, 100 A.D.3d 1422, 1422, 953 N.Y.S.2d 788). “[U]pon our review of the record, we cannot say that the court failed to give the evidence the weight that it should be accorded” ( People v. Britt, 298 A.D.2d 984, 984, 748 N.Y.S.2d 297,lv. denied99 N.Y.2d 556, 754 N.Y.S.2d 208, 784 N.E.2d 81). Finally, defendant's challenge to the legalityof the sentence of probation imposed on the unlawful imprisonment count has been rendered moot as a result of the revocation of his sentence of probation ( see generally People v. Meli, 142 A.D.2d 938, 939, 531 N.Y.S.2d 70,lv. denied72 N.Y.2d 921, 532 N.Y.S.2d 856, 529 N.E.2d 186).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.