PEOPLE v. CANNON

Ind. No. 1885/15. Appeal No. 14825. Case No. 2019-3918.

200 A.D.3d 542 (2021)

155 N.Y.S.3d 327

2021 NY Slip Op 06966

The People of the State of New York, Respondent, v. Joseph Cannon, Appellant.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of The Appellate Defender, New York ( Victorien Wu of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, 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. The evidence, including a surveillance video, supports the conclusion that when defendant took a train conductor's radio during an altercation, defendant's intent at the time of the taking was to permanently...

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