Opinion
1696
October 1, 2002.
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered May 10, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 6 years, unanimously affirmed.
MEREDITH BOYLAN, for respondent.
ROXANNE DEFRANCESCO, for defendant-appellant.
Before: Williams, P.J., Mazzarelli, Sullivan, Rosenberger, Gonzalez, JJ.
The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence clearly warranted the inference that defendant hit the victim in the head with a two-by-four piece of wood, causing injury.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.