People v. Chiclana

240 A.D.2d 316, 659 N.Y.S.2d 748

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 24, 1997
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 11, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations (see, People v Gaimari, 176 NY 84, 94). We perceive no abuse of sentencing discretion. Concur—Ellerin, J. P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.