People v Haley

People v Haley 2010 NY Slip Op 07398 [77 AD3d 496] October 19, 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
Ronald Haley, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Maureen A. Lee of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John Carter, J.), rendered March 21, 2007, convicting defendant, after a jury 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 based on legally sufficient evidence and 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 weighing of conflicting testimony in light of medical evidence.

Defendant's remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and RomÁn, JJ.