Opinion
2012-01-12
The PEOPLE of the State of New York, Respondent, v. Edward GUTIERREZ, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Jonathan Garelick of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Thomas R. Villecco of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Jonathan Garelick of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Thomas R. Villecco of counsel), for respondent.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered November 13, 2007, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.
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, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion ( see People v. Rayam, 94 N.Y.2d 557, 563, 708 N.Y.S.2d 37, 729 N.E.2d 694 [2000] ).