New York Supreme and/or Appellate Courts Appellate Division, First Department
March 6, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
OSWALDO SERRATA, ETC.,
People v Serrata
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 March 6, 2012
Mazzarelli, J.P., Friedman, Acosta, Freedman, Abdus-Salaam, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered June 30, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of burglary in the first degree, assault in the third degree, and operating a motor vehicle while intoxicated (two counts), and sentencing him to an aggregate term of five years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 ). There is no basis for disturbing the jury's credibility determinations The fact that the jury acquitted defendant of some counts does not warrant a different result (see People v Rayam, 94 NY2d 557 ).
The victim's testimony supported the conclusions that defendant unlawfully entered the victim's building by forcing open a door, and that defendant did so with intent to commit an assault. The credible evidence also disproved beyond a reasonable doubt defendant's justification defense to the assault charge.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 6, 2012
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