People v. Diaz

188 A.D.2d 395, 592 N.Y.S.2d 577, 1992 N.Y. App. Div. LEXIS 14275

Opinion

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered June 13, 1991, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a prison term of 2 Vi to 5 years, unanimously affirmed.

There is no merit to defendant’s contention that the evidence against him was incredible as a matter of law because of minor inconsistencies in the testimony of the police officer who testified. Such inconsistencies raised issues of credibility for the jury to determine (People v Davis, 113 AD2d 951, 952; People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), and, upon review of the record, it cannot be said that the verdict is against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Concur — Sullivan, J. P., Ellerin, Wallach, Kupferman and Ross, JJ.