Appellate Division of the Supreme Court of New York, 2000

People v. Gutierrez

People v. Gutierrez
Appellate Division of the Supreme Court of New York · Decided December 12, 2000
278 A.D.2d 58; 717 N.Y.S.2d 527; 2000 N.Y. App. Div. LEXIS 13033
People v. Gutierrez

Opinion of the Court

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered March 16, 1998, convicting defendant, after a nonjury trial, of assault in the first degree (two counts), assault in the second *59degree and promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 8 years, 8 years, 5 years and 5 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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