Opinion
4132
September 28, 2004.
Before: Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered December 5, 2002, convicting defendant, after a jury trial, of attempted robbery in the first degree, criminal possession of a weapon in the third degree, and resisting arrest, and sentencing him, as a second violent felony offender, to concurrent terms of 10 years, 2 to 4 years, and 1 year, respectively, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The credible evidence warranted the inference that when defendant pointed a nail file at the victim's chest and demanded money, he intended to steal and was threatening the immediate use of a dangerous instrument ( see People v. Elliot, 298 AD2d 290, lv denied 99 NY2d 558).