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People v. Rodriguez

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 7, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

39251C/05

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 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 [2000]). 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.

20090507

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