| People v Barry |
| 2012 NY Slip Op 03717 [95 AD3d 558] |
| May 10, 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 Sulaiman Barry, Appellant. |
—[*1]
Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for
respondent.
Judgment, Supreme Court, Bronx County (Eileen Koretz, J.H.O.), rendered January 12, 2010, convicting defendant, after a nonjury trial, of attempted aggravated harassment in the second degree, and sentencing him to a conditional discharge, 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 court's credibility determinations. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The absence of a translation of certain tape recordings was satisfactorily explained and does not warrant an adverse inference against the People. Concur—Tom, J.P., Andrias, Catterson, Acosta and Manzanet-Daniels, JJ.