← Cases

People v. Gutierrez

278 A.D.2d 58 Court N.Y. App. Div. Decision date 2000-12-12 English

Contents

Majority

p. 58
The People of the State of New York, Respondent, v Pedro Gutierrez, Appellant.
[717 NYS2d 527]

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered March 16, 1998, convicting defendant, after a nonjury trial, of assault in the first degree (two counts), assault in the second

p. 59
degree and promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 8 years, 8 years, 5 years and 5 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.