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People v Little (Edwin)
2005 NY Slip Op 51553(U) [9 Misc 3d 129(A)]
Decided on September 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 28, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

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


The People of the State of New York, NY County Clerk's #570523/04 Appellant,

against

Edwin Little, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, Bronx County, rendered June 15, 2004 after a nonjury trial (Salvatore Modica, 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 June 15, 2004 (Salvatore Modica, J.) affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly considered by the court, as fact finder, and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The court properly credited evidence that disproved defendant's justification defense beyond a reasonable doubt, including the complainant's plausible account of the bedroom altercation and the defendant's candid admission that he was "upset" with the complainant and "lost it".

This constitutes the decision and order of the court.
Decision Date: September 28, 2005