People v. Gutierrez , 935 N.Y.2d 883 ( 2012 )

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 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.