Appellate Division of the Supreme Court of the State of New York October 18, 2011 (People v. Batista)

Defendant did not preserve his challenge to the legal sufficiency of the evidence, and we decline to review it in the interest of justice. As an alternative holding, we reject it 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 court’s credibility determinations.