| People v Rodriguez |
| 2009 NY Slip Op 03669 [62 AD3d 460] |
| May 7, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Daniel Rodriguez, Appellant. |
—[*1]
Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for
respondent.
Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered November 8, 2006, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of one year, unanimously 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 jury's determinations concerning credibility, and the fact that the jury acquitted defendant of another charge does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). The credible evidence disproved defendant's justification defense beyond a reasonable doubt. Concur—Mazzarelli, J.P., Sweeny, Nardelli, Freedman and Richter, JJ.