¶1The 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 determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557, 563 [2000]). Concur — Mazzarelli, J.E, Andrias, Saxe, Freedman and Román, JJ.
91 A.D.3d 491
People v. Gutierrez
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-01-12
Decided 2012-01-12