Opinion
December 1, 1998
Appeal from the Family Court, New York County (Mary Bednar, J.).
The court's fact-finding determination that the victim suffered "physical injury" (Penal Law § 10.00) and that such injury was intended by appellant was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Inconsistencies in testimony and other matters relating to credibility were properly presented to the trier of facts and we see no reason to disturb its findings. Given these credibility determinations, there was ample evidence supporting the elements of assault in the third degree.
Concur — Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.