| 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. |
| The People of the State of New York,
Respondent, v Edward Gutierrez, Appellant. |
—[*1]
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.