People v Kuhwaien

People v Kuhwaien 2010 NY Slip Op 07073 [77 AD3d 408] October 5, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
Eddy Kuhwaien, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered December 19, 2007, convicting defendant, after a nonjury trial, of attempted forcible touching and attempted unlawful imprisonment in the second degree, and sentencing him to concurrent terms of 45 days, 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 credibility determinations, including its evaluation of medical evidence and conflicting testimony. The verdict as to each charge comports with the weight of the evidence.

Defendant's remaining arguments are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ.