Opinion
10-22-2015
The PEOPLE of the State of New York, Respondent, v. Sharjeel KHAN, Defendant–Appellant.
Steven R. Kartagener, New York, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Zachary Weintraub of counsel), for respondent.
Steven R. Kartagener, New York, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Zachary Weintraub of counsel), for respondent.
Opinion Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered July 1, 2013, convicting defendant, after a nonjury trial, of five counts of attempted assault in the third degree and five counts of harassment in the second degree, and sentencing him to an aggregate term of 60 days and one year of probation, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50(5).
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations, including its evaluation of alleged inconsistencies in testimony.
SWEENY, J.P., RENWICK, SAXE, GISCHE, JJ., concur.