Legal Opinion

People v. James

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion of the Court

*448The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The circumstances of defendant’s use of an altered MetroCard supported the inference that he possessed the card with the requisite knowledge and intent. The evidence supports the People’s version of the facts, that defendant was aware that a MetroCard with a bent magnetic strip is readily capable of being used for the purpose of selling rides to other persons, and defendant was intentionally taking advantage of that…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. HightowerNew York Court of Appeals · 2011
  3. People v. GreemanAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. OgunmekanAppellate Division of the Supreme Court of the State of New York · 2012

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