Opinion
1723
October 2, 2003.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 16, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with 5 years post-release supervision, unanimously affirmed.
Argiro Kosmetatos, for respondent.
Jonathan Svetkey, for defendant-appellant.
Before: Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, 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 (see People v. Gaimari, 176 N.Y. 84, 94). The evidence clearly established that this was an unprovoked attack and that defendant was not justified when he repeatedly stabbed the victim.
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.