[*1]
People v Afflic (David)
2004 NY Slip Op 50131(U)
Decided on March 2, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on March 2, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
571068/02

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

DAVID AFFLIC, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered May 28, 2002 after a nonjury trial (A. Kirke Bartley, Jr., J.) convicting him of attempted assault in the third degree (Penal Law §§ 110.00/120.00[1]) and harassment in the second degree (Penal Law § 240.26[1]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered May 28, 2002 (A. Kirke Bartley, Jr., J.) affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the trial court, as fact finder, and there is no basis for disturbing its determinations (see, People v Gaimari, 176 NY 84, 94 [1903]). We do not find the complainant's account of the domestic violence incident to be implausible.

This constitutes the decision and order of the court.