PEOPLE v. SIMMS (2004)

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

The PEOPLE of the State of New York, Respondent, v. Trevor SIMMS, Defendant-Appellant.

Decided: October 05, 2004

BUCKLEY, P.J., MAZZARELLI, SAXE, ELLERIN, GONZALEZ, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Gayle Pollack of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Lauren B. Cardonsky of counsel), for respondent.

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered March 6, 2003, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ). The police testimony was not implausible, and the record satisfactorily explains the fact that the two officers involved in defendant's arrest perceived and recalled the events differently.

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