People v. Serrata

Appellate Division of the Supreme Court of New York

People v. Serrata

93 A.D.3d 442, 938 N.Y.S.2d 896

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

DecidedMarch 6, 2012

StatusPublished

This text of 93 A.D.3d 442 (People v. Serrata) 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. Serrata, 93 A.D.3d 442, 938 N.Y.S.2d 896 (N.Y. Ct. App. 2012).

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Opinion

Judgment, Supreme Court, New York County (Juan M. Merchan, j.), rendered June 30, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of burglary in the first degree, assault in the third degree, and operating a motor vehicle while intoxicated (two counts), and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations The fact that the jury acquitted defendant of some counts does not warrant a different result (see People v Rayam, 94 NY2d 557 [2000]).

The victim’s testimony supported the conclusions that defendant unlawfully entered the victim’s building by forcing open a door, and that defendant did so with intent to commit an assault. The credible evidence also disproved beyond a reasonable [443]*443doubt defendant’s justification defense to the assault charge. Concur — Mazzarelli, J.P., Friedman, Acosta, Freedman and Abdus-Salaam, JJ.

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Judgment, Supreme Court, New York County (Juan M. Merchan, j.), rendered June 30, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of burglary in the first degree, assault in the third degree, and operating a motor vehicle while intoxicated (two counts), and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations The fact that the jury acquitted defendant of some counts does not warrant a different result (see People v Rayam, 94 NY2d 557 [2000]).

The victim’s testimony supported the conclusions that defendant unlawfully entered the victim’s building by forcing open a door, and that defendant did so with intent to commit an assault. The credible evidence also disproved beyond a reasonable [443]*443doubt defendant’s justification defense to the assault charge. Concur — Mazzarelli, J.P., Friedman, Acosta, Freedman and Abdus-Salaam, JJ.

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Bluebook (online)

93 A.D.3d 442, 938 N.Y.S.2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-serrata-nyappdiv-2012.

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