Opinion
2014-01-28
The PEOPLE of the State of New York, Respondent, v. Osvald Ramos–MEDINA, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered March 21, 2011, 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 for a period of one year, 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 court's credibility determinations. The fact that the court may have discredited some aspects of the victim's testimony does not warrant a different conclusion. As trier of fact, the court was entitled to disregard so much of any witness's testimony as it found to have been untruthful, and accept so much of it as it found to have been truthful and accurate ( see People v. Hill, 110 A.D.3d 410, 971 N.Y.S.2d 532 [1st Dept.2013] ).
The evidentiary issues raised by defendant do not warrant reversal. Any error regarding those issues was harmless, particularly in the context of a nonjury trial ( see generally People v. Moreno, 70 N.Y.2d 403, 405–406, 521 N.Y.S.2d 663, 516 N.E.2d 200 [1987] ). TOM, J.P., SWEENY, DeGRASSE, GISCHE, CLARK, JJ., concur.