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People v Mitchell (Jason)
2008 NY Slip Op 50623(U) [19 Misc 3d 132(A)]
Decided on March 27, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ

570273/07.

People of the State of New York, Respondent,

against

Jason Mitchell, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (Dominick R. Massaro, J.), rendered December 5, 2005, after a nonjury trial, convicting him of attempted assault in the third degree, and imposing sentence.


Per Curiam.

Judgment of conviction (Dominick R. Massaro, J.), rendered December 5, 2005, 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 trial court's determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2008