People v. Graham

215 A.D.2d 256, 627 N.Y.S.2d 550, 1995 N.Y. App. Div. LEXIS 5365

Opinion

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered July 12, 1993, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 2 Vi to 5 years and 1 year, respectively, to run consecutively to three concurrent terms of 6 to 12 years, imposed in connection with an unrelated indictment, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the evidence was sufficient as a matter of law to support the verdict, and, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Whether defendant was the aggressor and exceeded his right of self-defense in the altercation that resulted in the stabbing of the complainant presented an issue of credibility that was for the trial court to resolve as the factfinder (see, People v Jones, 200 AD2d 383, Iv denied 83 NY2d 854). Concur—Sullivan, J. P., Rubin, Asch, Nardelli and Tom, JJ.