Opinion
271
March 15, 2002.
Appeal from a judgment of Erie County Court (D'Amico, J.), entered July 12, 2000, convicting defendant after a jury trial of, inter alia, assault in the second degree (two counts).
Felle, Stocker Margulis, Williamsville (Wayne C. Felle of counsel), for defendant-appellant.
Frank J. Clark, District Attorney, Buffalo (Joseph Kilbridge of counsel), for plaintiff-respondent.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of two counts of assault in the second degree (Penal Law § 120.05,[9]), one count of intimidating a witness in the third degree (Penal Law § 215.15), and other crimes. The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). "Great deference is to be accorded to the fact-finder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony" ( People v. Valencia, 263 A.D.2d 874, 876, lv denied 94 N.Y.2d 799). Contrary to the contention of defendant, he received effective assistance of counsel ( see generally, People v. Baldi, 54 N.Y.2d 137, 147). Finally, the sentence is not unduly harsh or severe.