People v Nieves (Angel)

[*1] People v Nieves (Angel) 2015 NY Slip Op 50139(U) Decided on February 20, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 20, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
570751/12

The People of the State of New York, Respondent,

against

Angel L. Nieves, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John J. Cataldo, J.H.O.), rendered July 16, 2012, after a nonjury trial, convicting him of violating section 1111(d) of the Vehicle and Traffic Law, and imposing sentence.

Per Curiam.

Judgment of conviction (John J. Cataldo, J.), rendered July 16, 2012, affirmed.

Upon reviewing the record and independently assessing all of the proof, we find that 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

police account of the incident to be implausible.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: February 20, 2015