People v Gutierrez
2012 NY Slip Op 00129 [91 AD3d 491]
January 12, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Edward Gutierrez, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Thomas R. Villecco of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered November 13, 2007, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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 court's determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557, 563 [2000]). Concur—Mazzarelli, J.P., Andrias, Saxe, Freedman and RomÁn, JJ.