People v. Marin , 998 N.Y.S.2d 301 ( 2015 )

People v Marin (2015 NY Slip Op 00477)

People v Marin

2015 NY Slip Op 00477

Decided on January 20, 2015

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 20, 2015
Tom, J.P., Saxe, Feinman, Clark, Kapnick, JJ.

13985

[*1] 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.

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