People v Gutierrez

People v Gutierrez 2012 NY Slip Op 00129 Decided on January 12, 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 January 12, 2012
Mazzarelli, J.P., Andrias, Saxe, Freedman, Román, JJ.
6545

[*1]The People of the State of New York, Dkt. 41829C/07 Respondent,

v

Edward Gutierrez, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Jonathan
Garelick of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Thomas R.
Villecco of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered November 13, 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 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 determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557, 563 [2000]).

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

ENTERED: JANUARY 12, 2012

CLERK