People v Baah

People v Baah 2010 NY Slip Op 05976 [75 AD3d 437] July 6, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010

The People of the State of New York, Respondent,
v
Emmanuel Baah, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

Judgment, Criminal Division of the Supreme Court, Bronx County (Joseph Dawson, J.), rendered June 6, 2007, convicting defendant, after a nonjury 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 not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). 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. Concur—Saxe, J.P., Friedman, Nardelli, Sweeny and DeGrasse, JJ.