[*1]
People v Delarosa (Juan)
2005 NY Slip Op 50002(U)
Decided on January 6, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 6, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570047/03

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Juan Delarosa, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered October 24, 2002 after a nonjury trial (Eugene Oliver, J.) convicting him of attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00/265.01[2]), menacing in the third degree (Penal Law § 120.15), and harassment in the second degree (Penal Law § 240.26[1]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered October 24, 2002 (Eugene Oliver, 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 altercation to be implausible.

This constitutes the decision and order of the court.
Decision Date: January 06, 2005