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People v. Islam

124 A.D.3d 465 Court N.Y. App. Div. Decision date 2015-01-15 English

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

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p. 465
The People of the State of New York, Respondent, v Mohammad Islam, Appellant.
[997 NYS2d 904] —

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.

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