Opinion
7726 Ind. 5451/13
11-27-2018
The PEOPLE of the State of New York, Respondent, v. Emmanuel GONZALEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christine M. DiDomenico of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christine M. DiDomenico of counsel), for respondent.
Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 6, 2015, convicting defendant, after a nonjury trial, of attempted burglary in the third degree, possession of burglar's tools (four counts) and criminal mischief in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 1½ to 3 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The witnesses described a repeated pattern of movements by defendant and another man that supported the court's finding that defendant intended to aid the other man, who was attempting to break into a restaurant after hours, by acting as a lookout (see People v. Middleton, 151 A.D.3d 491, 57 N.Y.S.3d 30 [1st Dept. 2017], lv denied 29 N.Y.3d 1131, 64 N.Y.S.3d 681, 86 N.E.3d 573 [2017] ; People v. Arriaga, 204 A.D.2d 96, 611 N.Y.S.2d 183 [1st Dept. 1994] ).