People v Montgomery
2006 NY Slip Op 04362 [30 AD3d 1139]
Decided on June 6, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 6, 2006
Andrias, J.P., Friedman, Sullivan, Nardelli, Malone, JJ.
8689 Ind. 4445/02

[*1]The People of the State of New York, Respondent,

v

Robert Montgomery, Defendant-Appellant.





Stanley Neustadter, Cardozo Appeals Clinic, New York (Samuel
Effron of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Matthew
J. Bennett of counsel), for respondent.

Judgment, Supreme Court, New York County (Edwin Torres, J. at jury trial and sentence), rendered October 28, 2003, convicting defendant of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations regarding credibility, including its evaluation of the victim's background (see People v Gaimari, 176 NY 84, 94 [1903]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 6, 2006

CLERK