Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Michael Corriero, J.).
The verdict was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Issues of credibility were properly presented to the jury and we find no reason to disturb its determination.
The court's detailed explanation of the two counts of assault and the requisite intent for each count was a meaningful response to the jury's inquiries and a proper exercise of discretion ( see, People v. Almodovar, 62 N.Y.2d 126). The hand gestures employed by the court in describing the principles of intent did not convey any opinion of the case to the jury, and defendant's claim to the contrary rests on speculation.
Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.