People v Rivera

People v Rivera 2013 NY Slip Op 08539 Decided on December 24, 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 24, 2013
Mazzarelli, J.P., Sweeny, Moskowitz, Freedman, Clark, JJ.
11401 3210/09

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

v

Ramon Rivera, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Katheryne M.
Martone of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Rebecca L.
Johannesen counsel), for respondent.

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), rendered November 15, 2011, convicting defendant, after a nonjury trial, of assault in the second degree, menacing in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of six months concurrent with five years' probation, 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 credibility determinations. The evidence supports inferences that defendant used a dangerous instrument, and that he had the intent to injure the victim.

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

ENTERED: DECEMBER 24, 2013

DEPUTY CLERK