People v Baines

People v Baines 2013 NY Slip Op 08109 Decided on December 5, 2013 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 December 5, 2013
Sweeny, J.P., Moskowitz, DeGrasse, Gische, JJ.
10950

[*1]The People of the State of New York, 70236C/10 Respondent,

v

Mashon Baines, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Angie Louie
of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered October 28, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing her to conditional discharge for a period of one year, unanimously affirmed. The verdict was supported by 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 evaluation of a series of surveillance photographs. We find that the photos do not contradict the victim's testimony; instead, they tend to corroborate it to the extent they support an inference that defendant pushed the victim and knocked her to the floor.

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

ENTERED: DECEMBER 5, 2013

CLERK