People v Ross (Mark)

[*1] People v Ross (Mark) 2016 NY Slip Op 51763(U) Decided on December 13, 2016 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 13, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Gonzalez, JJ.
570883/11

The People of the State of New York, Respondent,

against

Mark Ross, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered October 6, 2011, after a nonjury trial, convicting him of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered October 6, 2011, affirmed.

The verdict convicting defendant of attempted assault in the third degree (see Penal Law §§ 110.00/120.00[1]) was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the trial court, as factfinder, and there is no basis for disturbing its determinations. We do not find the victim's credited account of the altercation to be unreliable or implausible. Moreover, his testimony was consistent with the officer's observations, made shortly after the incident.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 13, 2016