Opinion
May 18, 1995
Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the evidence was sufficient as a matter of law to support the verdict, and, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). Whether defendant was the aggressor and exceeded his right of self-defense in the altercation that resulted in the stabbing of the complainant presented an issue of credibility that was for the trial court to resolve as the factfinder (see, People v Jones, 200 A.D.2d 383, lv denied 83 N.Y.2d 854).
Concur — Sullivan, J.P., Rubin, Asch, Nardelli and Tom, JJ.