Opinion
570381/02.
Decided September 16, 2004.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered April 1, 2003 after a nonjury trial (Harold Adler, J.) convicting him of criminal possession of marihuana in the fifth degree (Penal Law § 221.10), and imposing sentence.
Judgment of conviction rendered April 1, 2003 (Harold Adler, J.) affirmed.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Defendant's guilt was based on 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). We do not find the police account of the incident to be implausible.
This constitutes the decision and order of the court.