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Appellate Term, First Department: November 4, 2020

Appellate Term, First Department: November 4, 2020

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The following decisions were decided: October 30, 2020

By: Edmead P.J., Higgitt, McShan, JJ. 15-351. PEOPLE OF THE STATE OF NEW YORK, res, v. KEMAR ANTHONY SOLOMAN, def-app — Judgment of conviction (Robert G. Seewald, J.H.O.), rendered February 18, 2014, affirmed. Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant’s guilt beyond a reasonable doubt. The evidence regarding defendant’s behavior toward male passersby in a prostitution-prone location at 5:30 a.m., coupled with defendant’s admissions to the arresting officer, was sufficient to support the inference, beyond a reasonable doubt, that defendant was loitering for the purpose of engaging in a prostitution offense (see Penal Law §240.37[2]; People v. Smith, 44 NY2d 613, 622 [1978]; People v. Byrd, 1990 NY Misc LEXIS 787 [No.89-454][1990]). Nor was the verdict against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis upon which to disturb the trial court’s determinations concerning credibility. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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