Peoplev.Gutierrez

Appellate Division of the Supreme Court of New York, First DepartmentDec 12, 2000
278 A.D.2d 58 (N.Y. App. Div. 2000)
278 A.D.2d 58717 N.Y.S.2d 527

December 12, 2000.

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered March 16, 1998, convicting defendant, after a nonjury trial, of assault in the first degree (two counts), assault in the second degree and promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 8 years, 8 years, 5 years and 5 years, unanimously affirmed.

Peter A. Sell, for respondent.

Robert E. Carrigan Pro Se, for defendant-appellant.

Tom, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.


The verdict was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility.

Motion seeking leave to file a pro se supplemental brief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.