Opinion
5740
December 27, 2001.
Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered November 9, 1998, convicting defendant, after a jury trial, of burglary in the first degree and assault in the second and third degrees, and sentencing him to concurrent terms of 31/2 to 7 years, 31/2 to 7 years and 1 year, unanimously affirmed.
LARA R. BINIMOW, for RESPONDENT
JOJO ANNOBIL, for DEFENDANT-APPELLANT
Before: Rosenberger, J.P., Ellerin, Wallach, Rubin, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. Conflicting versions of the incident were properly considered by the trier of facts and there is no basis upon which to disturb its credibility determinations (see,People v. Gaimari, 176 N.Y. 84, 94). The fact that defendant was acquitted of one of the counts of the indictment does not warrant a different conclusion (see, People v. Rayam, 94 N.Y.2d 557). Evidence properly credited by the jury established every element of the crimes of which defendant was convicted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.