Opinion
No. 5131.
July 6, 2010.
Judgment, Criminal Division of the Supreme Court, Bronx County (Joseph Dawson, J.), rendered June 6, 2007, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.
Before: Concur — Saxe, J.P., Friedman, Nardelli, Sweeny and DeGrasse, JJ.
The verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the court's determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion.