| People v O'Toole |
| 2012 NY Slip Op 07041 [99 AD3d 585] |
| October 18, 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 Donald O'Toole, Appellant. |
—[*1]
Robert T. Johnson, District Attorney, Bronx (Jenetha G. Philbert of counsel), for
respondent.
Judgment, Supreme Court, Bronx County (Joseph Dawson, J.), rendered May 23, 2008, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 45 days, 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. We do not find the victim's account of the incident to be implausible. Moreover, her testimony was consistent with the officer's observations of the victim's demeanor, made shortly after the incident. Concur—Friedman, J.P., Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.