Opinion
571068/02.
Decided March 2, 2004.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered May 28, 2002 after a nonjury trial (A. Kirke Bartley, Jr., J.) convicting him of attempted assault in the third degree (Penal Law §§ 110.00/120.00[1]) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction rendered May 28, 2002 (A. Kirke Bartley, Jr., J.) affirmed.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM P. McCOOE HON. MARTIN SCHOENFELD, Justices.
The verdict 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 trial court, as fact finder, and there is no basis for disturbing its determinations ( see, People v. Gaimari, 176 NY 84, 94). We do not find the complainant's account of the domestic violence incident to be implausible.
This constitutes the decision and order of the court.