Opinion
March 4, 1985
Appeal from the Supreme Court, Kings County (Kay, J.).
Judgment affirmed.
We conclude that the evidence adduced at trial, when viewed in the light most favorable to the People, who were the prevailing party, is sufficient to establish defendant's guilt beyond a reasonable doubt ( see, People v. Kennedy, 47 N.Y.2d 196, 203; People v. Benzinger, 36 N.Y.2d 29, 32; People v. Cleague, 22 N.Y.2d 363, 366). The issue at bar was clearly one of credibility, between the testimony of the complaining witness and that of defendant himself, which it was the sole province of the jury to resolve ( see, People v. Kennedy, supra; People v. Steele, 26 N.Y.2d 526, 529; People v. Cohen, 223 N.Y. 406, 422-423; People v Sanducci, 195 N.Y. 361, 367; People v. Holmes, 59 A.D.2d 704). We see no reason to substitute our judgment for that of the jury and to disturb their verdict. Lastly, the testimony of the complaining witness that defendant held his hand inside a bag, which he stated contained a gun, was sufficient to establish that he displayed "what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm" within the meaning of Penal Law § 160.10 (2) (b) ( see, People v. Baskerville, 60 N.Y.2d 374, 381; People v. Lyde, 98 A.D.2d 650; People v. Knowles, 79 A.D.2d 116; People v. Jenkins, 118 Misc.2d 530). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.