Opinion
KA 98-05167.
December 31, 2003.
Appeal from a judgment of Monroe County Court (Maloy, J.), entered January 21, 1998, convicting defendant after a nonjury trial of murder in the second degree and criminal possession of a weapon in the second degree.
JAMES S. HINMAN, P.C., ROCHESTER (JAMES S. HINMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (ARTHUR G. WEINSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a bench trial of murder in the second degree (Penal Law § 125.25) and criminal possession a weapon in the second degree (§ 265.03 [2]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). "The credibility determinations of County Court are entitled to great deference * * *, and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded" ( People v. Scott, 289 A.D.2d 974, 975, lv denied 97 N.Y.2d 733, 735).