NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 7, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DANIEL RODRIGUEZ, DEFENDANT-APPELLANT.
Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered November 8, 2006, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, Nardelli, Freedman, Richter, JJ.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). There is no basis for disturbing the jury's determinations concerning credibility, and the fact that the jury acquitted defendant of another charge does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 ). The credible evidence disproved defendant's justification defense beyond a reasonable doubt.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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