Majority
p. 558The People of the State of New York, Respondent, v Sulaiman Barry, Appellant. [943 NYS2d 748] —
Judgment, Supreme Court, Bronx County (Eileen Koretz, J.H.O.), rendered January 12, 2010, convicting defendant, after a nonjury trial, of attempted aggravated harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.
p. 559
The verdict 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. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Danielson, 9 NY3d 342 , 348-349 [2007]). The absence of a translation of certain tape recordings was satisfactorily explained and does not warrant an adverse inference against the People. Concur— Tom, J.P., Andrias, Catterson, Acosta and Manzanet-Daniels, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 559