Opinion
26
January 21, 2003.
Judgment, Supreme Court, New York County (Laura Drager, J.), rendered March 14, 2000, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.
Rona Feinberg, for respondent.
Alexander F. Fox, for defendant-appellant.
Tom, J.P., Buckley, Rosenberger, Friedman, Marlow, JJ.
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. Evidence properly credited by the jury clearly warranted the inference that defendant damaged the vehicle by breaking its window (see People v. Wachowicz, 22 N.Y.2d 369;People v. Jordan, 277 A.D.2d 155, lv denied 96 N.Y.2d 760).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.