People v Quezada, 2016 NY Slip Op 08605 [145 AD3d 597]

December 22, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jose Quezada, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered July 30, 2012, convicting defendant, after a nonjury trial, of attempted assault in the third degree (three counts), harassment in the second degree (three counts) and menacing, and sentencing him to an aggregate term of 120 days, unanimously affirmed.

The verdict was not against the weight of the evidence ( see People v Danielson , 9 NY3d 342 , 348-349 [2007]). As to each of the incidents at issue, there is no basis for disturbing the trial court’s credibility determinations, including its evaluation of alleged inconsistencies and conflicting testimony. Concur—Friedman, J.P., Moskowitz, Webber, Kahn and Gesmer, JJ..