Opinion
1572
September 19, 2002.
Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered January 5, 2001, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 5 years with 3 years post-release supervision, unanimously affirmed.
DAVID RONG, for respondent.
DAVID J. KLEM, for defendant-appellant.
Before: Wallach, J.P., Lerner, Rubin, Friedman, Gonzalez, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given him to minor inconsistencies in testimony and the absence of physical evidence, were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v. Gaimari, 176 N.Y. 84, 94). Defendant's acquittal of certain counts does not warrant a different result (see People v. Rayam, 94 N.Y.2d 557).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.