Opinion
February 18, 1986
Appeal from the Supreme Court, Queens County (Dufficy, J.).
Judgment affirmed.
The record reflects certain inconsistencies between the accounts given by two boys who testified that the defendant pointed a gun at them and threatened them, as well as between each of those accounts and the testimony of the arresting officer. The arresting officer's testimony also reflects certain internal inconsistencies. However, all of those inconsistencies did not undermine the credibility of the witnesses to such a degree as to render their testimony insufficient proof of the defendant's guilt (see, People v. Fuller, 50 N.Y.2d 628, 635). The officer's testimony that, immediately after the boys informed him of the incident, he approached the defendant, who was holding a gun, supports the boys' account that it was the defendant, and not his companion, who held the gun. Therefore, there is sufficient evidence to support the conviction (see, People v Contes, 60 N.Y.2d 620, 621; Penal Law § 160.10; § 265.02). Mollen, P.J., Gibbons, Thompson and Brown, JJ., concur.