Opinion
1848
November 13, 2003.
Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered October 2, 2000, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 8 to 25 years, unanimously affirmed.
Raffaelina Gianfrancesco, for respondent.
Katherine B. Forrest Pro Se, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to the victim's background and the inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94).
The court properly exercised its discretion in denying defendant's request to admit into evidence a court record which, standing alone and without explanatory testimony, had no probative value.
The challenged conduct by the prosecutor did not deprive defendant of a fair trial. There was no pattern of inflammatory remarks that would warrant reversal (see People v. D'Alessandro, 184 A.D.2d 114, 118-119,lv denied 81 N.Y.2d 884).
We perceive no basis for reducing the sentence.
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.