Opinion
November 21, 2000.
Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered June 29, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 6 years, unanimously affirmed.
John M. Moreira, for respondent.
Lisa Joy Robertson, for defendant-appellant.
Before: Nardelli, J.P., Williams, Ellerin, Lerner, Rubin, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility and identification.
The record refutes defendant's claim that the court considered improper factors in imposing sentence (see, People v. Harrison, 188 A.D.2d 374, affd 82 N.Y.2d 693), and we find no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.