PEOPLE v. McBRIDE (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Judon McBRIDE, Defendant-Appellant.

Decided: December 17, 1998

NARDELLI, J.P., WALLACH, RUBIN and WILLIAMS, JJ.

Cristina A. Baiata, for Respondent. Pamela Peters, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered June 20, 1996, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility including inconsistencies in testimony were properly presented to the jury and we see no reason to disturb its findings. That defendant was acquitted of the two sexual offenses did not preclude the guilty verdict on the burglary count, particularly where the proof showed that defendant brandished a knife at the victim throughout the incident.

MEMORANDUM DECISION.

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