PEOPLE v. THERONIER

Ind. No. 1632/15. Appeal No. 14123. Case No. 2018-1097.

195 A.D.3d 558 (2021)

146 N.Y.S.3d 471

2021 NY Slip Op 04092

The People of the State of New York, Respondent, v. Serge C. Theronier, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 24, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Kami Lizarraga of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Molly Morgan of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, González, JJ.


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 [2007]). There is no basis for disturbing the jury's credibility determinations. Defendant's underlying arrest for disorderly conduct was supported by probable cause, thereby satisfying the lawful duty and authorized arrest elements of defendant's convictions. It can be readily inferred...

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