[*1]
People v Hernandez (David)
2004 NY Slip Op 50076(U)
Decided on February 18, 2004
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This opinion is uncorrected and will not be published in the Official Reports.


Decided on February 18, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570563/02

PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

DAVID HERNANDEZ, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered January 4, 2002 after a jury trial (Ruth Pickholz, J.) convicting him of assault in the third degree (Penal Law § 120.00[1]) and harassment in the second degree (Penal Law § 240.26[1]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered January 4, 2002 (Ruth Pickholz, J.) affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly placed before the jury and there is no basis for disturbing its determinations. Evidence properly credited by the jury disproved defendant's justification defense beyond a reasonable doubt.

This constitutes the decision and order of the court.