People v Serrata

People v Serrata 2012 NY Slip Op 01635 Decided on March 6, 2012 Appellate Division, First Department 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.

Decided on March 6, 2012
Mazzarelli, J.P., Friedman, Acosta, Freedman, Abdus-Salaam, JJ. 6988-
2166/08 6989 6423/08

[*1]The People of the State of New York, Respondent,

v

Oswaldo Serrata, etc., Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Carl S. Kaplan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of
counsel), for respondent.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered June 30, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of burglary in the first degree, assault in the third degree, and operating a motor vehicle while intoxicated (two counts), and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury's credibility determinations The fact that the jury acquitted defendant of some counts does not warrant a different result (see People v Rayam, 94 NY2d 557 [2000]).

The victim's testimony supported the conclusions that defendant unlawfully entered the victim's building by forcing open a door, and that defendant did so with intent to commit an assault. The credible evidence also disproved beyond a reasonable doubt defendant's justification defense to the assault charge.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 6, 2012

CLERK