Opinion
3314.
Decided April 6, 2004.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered July 30, 2002, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 4 years, unanimously affirmed.
Jillian Wieder, for Respondent.
Frances Gallagher, for Defendant-Appellant.
Before: Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94).
The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.