Opinion
570997/02.
Decided April 1, 2004.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered July 26, 2001 after a nonjury trial (Diane Kiesel, 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 July 26, 2001 (Diane Kiesel, J.) affirmed.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly considered by the court and there is no basis for disturbing its determinations ( see, People v. Gaimari, 176 NY 84, 94). The complainant's account of the violent domestic dispute was not implausible.
This constitutes the decision and order of the court.