PEOPLE v. PURDIE (2004)

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

The PEOPLE of the State of New York, Respondent, v. Grover PURDIE, Defendant-Appellant.

Decided: October 05, 2004

TOM, J.P., WILLIAMS, FRIEDMAN, MARLOW, SWEENY, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jillian E. Wieder of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered July 11, 2002, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 22 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the complainant's psychiatric history, were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ). The jury properly rejected defendant's claim that the complainant inflicted her own injuries, and his attempt to repudiate his own confession.

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