People v Lemus
2006 NY Slip Op 01558 [27 AD3d 245]
March 7, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


The People of the State of New York, Respondent,
v
Carlos Lemus, Appellant.

[*1]Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered September 8, 2004, convicting defendant, after a nonjury trial, of endangering the welfare of a child, and sentencing him to a term of one year, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The child victim provided a detailed and believable account of defendant's conduct. Concur—Tom, J.P., Friedman, Nardelli, Williams and Sweeny, JJ.