Opinion
570288/17
02-22-2019
The PEOPLE of the State of New York, Respondent, v. Bekim BISHA, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Heidi C. Cesare, J.), rendered March 7, 2017, affirmed.
The verdict convicting the defendant of attempted forcible touching (see Penal Law §§ 110/130.52) and sexual abuse in the third degree (see Penal Law § 130.55 ) was not against the weight of the evidence (see People Danielson, 9 NY3d 342 [2007] ). There is no basis for disturbing the court's credibility determinations, in which it credited the police officers' eyewitness testimony, and found defendant not to be credible (see People v. Ramos , 166 AD3d 442 [2018] ). Nor was the officers' account of the subway incident so implausible as to be incredible as a matter of law (see People v. Garafolo , 44 AD2d 86, 88 [1974] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.