People v. Islam

124 A.D.3d 465, 997 N.Y.S.2d 904

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 15, 2015
• Docket: 13950
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (Diane Kiesel, J.), rendered October 5, 2012, convicting defendant, after a nonjury trial, of attempted assault in the third degree (two counts), attempted endangering the welfare of a child, menacing in the third degree and harassment in the second degree, and sentencing him to an aggregate term of one year of probation, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the court’s credibility determinations, including its finding that the victim’s testimony was credible in some respects but not others.

Concur — Mazzarelli, J.E, Sweeny, Andrias, Moskowitz and Richter, JJ.