People v Wright
2006 NY Slip Op 04369 [30 AD3d 1144]
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.
8700 Ind. 4527/03

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

v

Patrick Wright, Defendant-Appellant.





Stanley Neustadter, Cardozo Appeals Clinic, New York
(Andrew Crook of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jennifer
L. Lowry of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered December 17, 2003, convicting defendant, after a jury trial, of assault in the second degree and resisting arrest, and sentencing him to an aggregate term of 3 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of
inconsistencies in testimony (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