| People v Carducci |
| 2008 NY Slip Op 00804 [48 AD3d 1081] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v NicholasCarducci, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), renderedSeptember 15, 2004. The judgment convicted defendant, upon a jury verdict, of burglary in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofburglary in the second degree (Penal Law § 140.25 [2]). Contrary to defendant'scontention, the verdict is not against the weight of the evidence (see generally People vBleakley, 69 NY2d 490, 495 [1987]). "Where, as here, witness credibility is of paramountimportance to the determination of guilt or innocence, the appellate court must give '[g]reatdeference . . . [to the] fact-finder's opportunity to view the witnesses, hear thetestimony and observe demeanor' " (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4NY3d 831 [2005], quoting Bleakley, 69 NY2d at 495). Although there were someinconsistencies in the testimony of the sole prosecution witness who connected defendant to thecrime, the inconsistencies "were properly considered by the jury and there is no basis fordisturbing its determinations" (People vGarrick, 11 AD3d 395, 396 [2004], lv denied 4 NY3d 744, 798 [2004]). Wefurther conclude that defendant's sentence is not unduly harsh or severe. Present—Scudder,P.J., Martoche, Peradotto, Pine and Gorski, JJ.