People v O'Toole

People v O'Toole 2012 NY Slip Op 07041 Decided on October 18, 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 October 18, 2012
Friedman, J.P., Moskowitz, Freedman, Richter, Abdus-Salaam, JJ.
8337 67039/07

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

v

Donald O'Toole, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Steven Berko
of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jenetha G. Philbert
of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Joseph Dawson, J.), rendered May 23, 2008, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term 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. We do not find the victim's account of the incident to be implausible. Moreover, her testimony was consistent with the officer's observations of the victim's demeanor, made shortly after the incident.

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

ENTERED: OCTOBER 18, 2012

CLERK