Opinion
3703.
Decided May 20, 2004.
Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered August 13, 2002, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 years and 1 year, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Kevin Casey of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Maria I. Immitt of counsel), for respondent.
Before: Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. The court had a rational basis upon which to find the victim's excited utterance to be reliable while at the same time discrediting a contradictory portion of her testimony ( see People v. Fratello, 92 N.Y.2d 565, 572-575). The evidence established that the victim was injured while defending herself against defendant who was approaching her with a pair of scissors and thrusting them in her direction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.