New York Supreme and/or Appellate Courts Appellate Division, First Department
October 18, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DONALD O'TOOLE, DEFENDANT-APPELLANT.
People v O'Toole
Decided on October 18, 2012
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.
Friedman, J.P., Moskowitz, Freedman, Richter, Abdus-Salaam, JJ.
Judgment, Supreme Court, Bronx County (Joseph Dawson, J.), rendered May 23, 2008, convicting defendant, after a non-jury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 45 days, unanimously affirmed.
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 court's credibility determinations. We do not find the victim's account of the incident to be implausible. Moreover, her testimony was consistent with the officer's observations of the victim's demeanor, made shortly after the incident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 18, 2012
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