Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered April 8, 2009, after a nonjury trial, convicting him of public lewdness and exposure of a person, and sentencing him to 45 days in jail.

Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered April 8, 2009, affirmed.

The trial evidence, viewed in the light most favorable to the People, was legally sufficient to establish defendant's guilt of public lewdness and exposure of a person (see People v Danielson, 9 NY3d 342 [2007]). Moreover, after applying the appropriate standard of review (see id. at 348-349), we conclude that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). There is no basis for disturbing the court's determinations concerning credibility, including its evaluation of the different versions of the incident presented by the prosecution and defense witnesses.

We decline to disturb the sentence imposed by the trial court (see generally People v Suitte, 90 AD2d 80 [1982]).

We have considered defendant's remaining contention and find it to be without merit (see generally People v Glover, 57 NY2d 61 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2010