People v. Rodriguez

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered January 2, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see *285People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved defendant’s justification defense beyond a reasonable doubt. The element of…