People v. Baines

Appellate Division of the Supreme Court of New York

People v. Baines

112 A.D.3d 432, 975 N.Y.S.2d 869

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 2013

StatusPublished

This text of 112 A.D.3d 432 (People v. Baines) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Baines, 112 A.D.3d 432, 975 N.Y.S.2d 869 (N.Y. Ct. App. 2013).

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Opinion

[433]*433Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered October 28, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing her to conditional discharge for a period of one year, 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]). There is no basis for disturbing the court’s credibility determinations, including its evaluation of a series of surveillance photographs. We find that the photos do not contradict the victim’s testimony; instead, they tend to corroborate it to the extent they support an inference that defendant pushed the victim and knocked her to the floor. Concur — Sweeny, J.E, Moskowitz, DeGrasse and Gische, JJ.

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[433]*433Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered October 28, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing her to conditional discharge for a period of one year, 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]). There is no basis for disturbing the court’s credibility determinations, including its evaluation of a series of surveillance photographs. We find that the photos do not contradict the victim’s testimony; instead, they tend to corroborate it to the extent they support an inference that defendant pushed the victim and knocked her to the floor. Concur — Sweeny, J.E, Moskowitz, DeGrasse and Gische, JJ.

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Bluebook (online)

112 A.D.3d 432, 975 N.Y.S.2d 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baines-nyappdiv-2013.

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