Opinion
No. KA 05-01917.
March 16, 2007.
Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered February 16, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the first degree and gang assault in the first degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR RESPONDENT.
Present — Scudder, P.J., Smith, Centra, Fahey and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, after a nonjury trial, of gang assault in the first degree (Penal Law §§ 120.07) and assault in the first degree (§§ 120.10 [1]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). "`The credibility determinations of [Supreme] Court are entitled to great deference . . ., and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded'" ( People v Wood-worth, 8 AD3d 1010, 1011, lv denied 3 NY3d 683, quoting People v Scott, 289 AD2d 974, 975, lv denied 97 NY2d 733).