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People v Dorzilor (Frantz)
2008 NY Slip Op 51922(U) [21 Misc 3d 127(A)]
Decided on September 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570324/07.

The People of the State of New York, Respondent,

against

Frantz Dorzilor, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert Mandelbaum, J.), rendered April 24, 2007, after a nonjury trial, convicting him of attempted assault in the third degree, and imposing sentence.


PER CURIAM.

Judgment of conviction (Robert Mandelbaum, J.), rendered April 24, 2007, affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]).
There is no basis for disturbing the court's credibility determinations. The credited police testimony that defendant twice struck the complainant in the face with a closed fist supported the conclusion that defendant
intended to cause physical injury.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: September 23, 2008