People v Morales
2011 NY Slip Op 05635 [85 AD3d 691]
June 30, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


The People of the State of New York, Respondent,
v
Jose Morales, Appellant.

—[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered May 6, 2010, convicting defendant, after a jury trial, of assault in the second degree and public lewdness, and sentencing him to an aggregate term of three years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant challenges the evidence supporting the element of physical injury, asserting that the injured police officer exaggerated her injuries. However, we find no basis for disturbing the jury's credibility determinations.

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Catterson, Moskowitz and Acosta, JJ.