People v. Tall

• Decision Date: 20 October 2020
• Docket Number: Dkt. 060766/14N,12127,Case No. 2017-2023
• Parties: The PEOPLE of the State of New York, Respondent, v. Oumar TALL, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

187 A.D.3d 586
130 N.Y.S.3d 688 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Oumar TALL, Defendant-Appellant.

12127
Dkt. 060766/14N
Case No. 2017-2023

Supreme Court, Appellate Division, First Department, New York.

ENTERED: October 20, 2020

Janet E. Sabel, The Legal Aid Society, New York (Ronald Alfano of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.

Acosta, P.J., Mazzarelli, Moulton, González, JJ.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 12, 2015, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson , 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the trial court's determinations concerning identification and credibility. The victim took a photograph of defendant immediately after the attack, which clearly corroborates the victim's testimony, and we reject defendant's arguments to the contrary.