People v. Buckley

—Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered January 19, 2010, convicting defendant, after a jury trial, of attempted assault in the third degree, and sentencing him to a conditional discharge, 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 jury’s determinations concerning identification and credibility. The fact that the jury acquitted defendant of robbery and larceny charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]), particularly since the jury could have found that defendant was correctly identified as the victim’s assailant, but that there was insufficient proof that defendant took property.