Majority
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the verdict convicting defendant of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Although there are some minor inconsistencies in the testimony of the prosecution witnesses, those inconsistencies do not render that testimony incredible as a matter of law (see, People v Robinson, 209 AD2d 1041 , Iv denied 84 NY2d 1037 ; People v Christian [appeal No. 1], 139 AD2d 896 , Iv denied 71 NY2d 1024 ), and there is no basis in this record to disturb Supreme Court’s resolution of witness credibility (see, People v Bleakley, supra, at 495 ).
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 859