—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for respondent.

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered August 17, 2009, convicting defendant, after a jury trial, of overdriving, torturing, and injuring animals (Agriculture and Markets Law § 353), and sentencing him to a conditional discharge, a $1,000 fine, and 30 days of community service, 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 jury's rejection of defendant's explanation of his reason for forcefully throwing his dog to the floor, causing injury. Concur—Gonzalez, P.J., Sweeny, Richter, Román and Clark, JJ.