Opinion
570523/04.
Decided September 28, 2005.
Defendant appeals from a judgment of the Criminal Court, Bronx County, rendered June 15, 2004 after a nonjury trial (Salvatore Modica, J.) convicting him of attempted assault in the third degree (Penal Law §§ 110.00/120.00[1]) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction rendered June 15, 2004 (Salvatore Modica, 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 resolution of conflicts in testimony, were properly considered by the court, as fact finder, and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 NY 84, 94). The court properly credited evidence that disproved defendant's justification defense beyond a reasonable doubt, including the complainant's plausible account of the bedroom altercation and the defendant's candid admission that he was "upset" with the complainant and "lost it".
This constitutes the decision and order of the court.