PEOPLE v. MCRAE (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Barry MCRAE, Defendant-Appellant.

570481 /15

Decided: December 12, 2018

PRESENT: Shulman, P.J., Ling-Cohan, Edmead, JJ.

Judgment of conviction (Linda Poust Lopez, J.), rendered March 11, 2015, affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007] ), which showed that, during an argument with the victim, defendant pointed a gun at her face and stated “I'm going to shoot you.” There is no basis upon which to disturb the trial court's credibility determinations. Contrary to defendant's assertion, the victim's brief delay in reporting the incident to the police did not render her testimony unworthy of belief (see People v. Wilson, 256 AD2d 637, 638 [1998], lv denied 93 NY2d 880 [1999] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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