Opinion
13985
01-20-2015
The People of the State of New York, Dkt. 68075C/09 Respondent, v. Jose Marin, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Frances A. Gallagher of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
, Saxe, Feinman, Clark, Kapnick, JJ.
Seymour W. James, Jr., The Legal Aid Society, New York (Frances A. Gallagher of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J.), rendered April 12, 2012, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to a term of three months of intermittent imprisonment to be served on weekends, 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]). The court found that the minor discrepancies in the testimony of a police witness did not undermine the officer's credibility, and we find no reason to disturb that determination. The evidence established the requisite intent for each conviction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 20, 2015
CLERK