People v Garabo

People v Garabo 2010 NY Slip Op 03378 [72 AD3d 588] April 27, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent,
v
John Garabo, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Brenda E. Cooke of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Thomas A. Farber, J.), rendered November 13, 2006, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 3½ years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's acceptance of the testimony of the victim and that of an officer to whom defendant made an incriminating statement, along with its rejection of defendant's testimony. Concur—Tom, J.P., Mazzarelli, Andrias, Saxe and DeGrasse, JJ.