Opinion
2005-1138 K CR.
Decided July 16, 2008.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (James M. Burke, J.), rendered May 29, 2004. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.
Judgment of conviction affirmed.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
Defendant was charged with attempted assault in the third degree (Penal Law §§ 110.00, 120.00), menacing in the third degree (Penal Law § 120.15), attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01) and harassment in the second degree (Penal Law § 240.26). The court found defendant guilty of harassment in the second degree and acquitted him of the other charges.
Upon our factual review power ( see CPL 470.15), we find that the verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342). Although defendant's version of the events differed from the complainant's version that defendant threatened to kill him, we are not persuaded by defendant's testimony and the inferences that could be drawn therefrom. Moreover, on appeal great deference is to be accorded to the factfinder's credibility determinations since it had the opportunity to view the witnesses, hear testimony and observe their demeanor ( see People v Romero, 7 NY3d 633, 644).
Defendant's contention that the verdict was repugnant was not preserved for appellate review ( see CPL 470.05; People v Satloff, 56 NY2d 745) and, in any event, is without merit.
Pesce, P.J., Rios and Steinhardt, JJ., concur.