People v. Davis

267 A.D.2d 3, 698 N.Y.S.2d 860, 1999 N.Y. App. Div. LEXIS 12380

Opinion

—Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered January 5, 1996, convicting defendant, after a nonjury trial, of four counts of sodomy in the first degree and four counts of sexual abuse in the first degree, and sentencing him to four concurrent terms of 5 to 15 years concurrent with four concurrent terms of 2V3 to 7 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the fact-finder’s credibility determinations.

We perceive no abuse of sentencing discretion. The record fails to support defendant’s claim that the sentence imposed was based in part upon improper criteria. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.