Citation Numbers: 3 A.D.3d 426, 770 N.Y.S.2d 621, 2004 N.Y. App. Div. LEXIS 663
Filed Date: 1/22/2004
Status: Precedential
Modified Date: 11/1/2024
The court’s finding was based on legally sufficient evidence and 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 court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The eyewitness’s testimony was credible and was corroborated by appellant’s own statement. The credible evidence established that appellant was part of a group of five persons, each of whom actively participated in the assault on the victim (see People v Kim, 255 AD2d 337 [1998]). Concur— Nardelli, J.P., Ellerin, Williams and Gonzalez, JJ.