Opinion
570047/03.
Decided January 6, 2005.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered October 24, 2002 after a nonjury trial (Eugene Oliver, J.) convicting him of attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00/265.01[2]), menacing in the third degree (Penal Law § 120.15), and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction rendered October 24, 2002 (Eugene Oliver, J.) affirmed.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the trial court, as fact finder, and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 NY 84, 94). We do not find the complainant's account of the altercation to be implausible.
This constitutes the decision and order of the court.