People v Barry

People v Barry 2012 NY Slip Op 03717 Decided on May 10, 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 May 10, 2012
Tom, J.P., Andrias, Catterson, Acosta, Manzanet-Daniels, JJ.
7587

[*1]The People of the State of New York, 33017C/08 Respondent,

v

Sulaiman Barry, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Sara Gurwitch of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg
of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Eileen Koretz, J.H.O.), rendered January 12, 2010, convicting defendant, after a nonjury trial, of attempted aggravated 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 credibility determinations. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The absence of a translation of certain tape recordings was satisfactorily explained and does not warrant an adverse inference against the People.

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

ENTERED: MAY 10, 2012

CLERK