Opinion
3726.
Decided May 25, 2004.
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered May 30, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 10 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Megan E. Joy of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Sullivan, Marlow, Gonzalez, JJ.
The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 N.Y. 84, 94). The credible evidence, including the victim's testimony as to the pursuit and capture of defendant, clearly established that defendant was the person who assaulted the victim.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.