[*1]
People v Reid (Michael)
2004 NY Slip Op 51028(U)
Decided on September 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 16, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570381/02

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

MICHAEL REID, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered April 1, 2003 after a nonjury trial (Harold Adler, J.) convicting him of criminal possession of marihuana in the fifth degree (Penal Law § 221.10[1]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered April 1, 2003 (Harold Adler, J.) affirmed.

Defendant's guilt was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). We do not find the police account of the incident to be implausible.

This constitutes the decision and order of the court.