Opinion
No. 505.
May 7, 2009.
Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered November 8, 2006, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of one year, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.
Before: Mazzarelli, J.P., Sweeny, Nardelli, Freedman and Richter, 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 jury's determinations concerning credibility, and the fact that the jury acquitted defendant of another charge does not warrant a different conclusion ( see People v Rayam, 94 NY2d 557). The credible evidence disproved defendant's justification defense beyond a reasonable doubt.