PEOPLE v. GUTIERREZ

6545, 41829C/07

91 A.D.3d 491 (2012)

935 N.Y.S.2d 883

2012 NY Slip Op 129

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD GUTIERREZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2012.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 N.Y.2d 557

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