People v Mayes, 2011 NY Slip Op 02540 [82 AD3d 674]

March 31, 2011

Appellate Division, First Department

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Steven Banks, The Legal Aid Society, New York (Adrienne Hale of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered March 31, 2009, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 60 days, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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. Concur—Gonzalez, P.J., Friedman, Moskowitz, Freedman and RomÁn, JJ..