Appellate Division of the Supreme Court of New York, 2010

People v. Beltran

People v. Beltran
Appellate Division of the Supreme Court of New York · Decided November 4, 2010
78 A.D.3d 405; 909 N.Y.S.2d 365
People v. Beltran

Opinion of the Court

Judgment, Supreme Court, New York County (Daniel E FitzGerald, J.), rendered March 22, 2007, convicting defendant, after a nonjury trial, of sexual abuse in the first degree, and sentencing him to a term of one year, 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, including its evaluation of the different versions of the incident presented by the prosecution and defense witnesses. Concur — Mazzarelli, J.E, Friedman, Catterson, DeGrasse and Manzanet-Daniels, JJ.

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