New York Supreme and/or Appellate Courts Appellate Division, First Department
January 12, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Gutierrez
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.
Decided on January 12, 2012
Mazzarelli, J.P., Andrias, Saxe, Freedman, Roman, JJ.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered November 13, 2007, convicting defendant, after a non-jury 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 NY3d 342, 348-349 ). 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 NY2d 557, 563 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 12, 2012
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