Opinion
May 16, 1995
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Viewing the evidence in the light most favorable to the People (People v Contes, 60 N.Y.2d 620, 621), the jury verdict was not against the weight of the evidence since the minor inconsistencies in the officers' testimony were explained since one officer observed defendant toss the gun in a garbage can (see, People v Hernandez, 173 A.D.2d 382, lv denied 78 N.Y.2d 967).
Further, we perceive no abuse of discretion in the sentence imposed.
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Asch, JJ.