People v Baines
2013 NY Slip Op 08109 [112 AD3d 432]
December 5, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Mashon Baines, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered October 28, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing her to conditional discharge for a period of one year, unanimously affirmed.

The verdict was supported by 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 credibility determinations, including its evaluation of a series of surveillance photographs. We find that the photos do not contradict the victim's testimony; instead, they tend to corroborate it to the extent they support an inference that defendant pushed the victim and knocked her to the floor. Concur—Sweeny, J.P., Moskowitz, DeGrasse and Gische, JJ.