Opinion
2013-04-18
The PEOPLE of the State of New York, Respondent, v. John BUCKLEY, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Rebecca L. Johannesen of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Rebecca L. Johannesen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered January 19, 2010, convicting defendant, after a jury trial, of attempted assault in the third degree, and sentencing him to a conditional discharge, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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 jury's determinations concerning identification and credibility. The fact that the jury acquitted defendant of robbery and larceny charges does not warrant a different conclusion ( see People v. Rayam, 94 N.Y.2d 557, 708 N.Y.S.2d 37, 729 N.E.2d 694 [2000] ), particularly since the jury could have found that defendant was correctly*904identified as the victim's assailant, but that there was insufficient proof that defendant took property.