People v. Barnes

Defendant’s challenges to the legal sufficiency of the evidence are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we reject them on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations.

A videotape, taken together with the testimony of the victim, established a forcible theft that began as an act of shoplifting. After stealing merchandise, defendant initially attempted to go around the…