People v Bartell (Beverly)

[*1] People v Bartell (Beverly) 2013 NY Slip Op 51307(U) Decided on August 9, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 9, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Schoenfeld, Shulman, JJ
12-166.

The People of the State of New York, Respondent, - -

against

Beverly Bartell, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered May 17, 2011, after a nonjury trial, convicting her of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered May 17, 2011, 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 trial court's credibility determinations. The testimony of the victim and her family members as credited by the court disproved defendant's
justification defense beyond a reasonable doubt.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 09, 2013