People v Sndhum
2007 NY Slip Op 07903 [44 AD3d 507]
October 18, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Balbir Sndhum, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York City (Susan Epstein of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Tracy L. Conn of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered August 25, 2004, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of two years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence credited by the jury disproved the justification defense beyond a reasonable doubt. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Malone, JJ.