| People v Dorce |
| 2012 NY Slip Op 00978 [92 AD3d 692] |
| February 7, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v HerbyDorce, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Danielle Hartman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered September 17, 2009, convicting him of assault in the second degree(two counts), criminal possession of a weapon in the third degree, and criminal trespass in thethird degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his convictions of assault in the second degree and criminalpossession of a weapon in the third degree are based on legally insufficient evidence isunpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484,492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution(see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient toestablish the defendant's guilt of those counts beyond a reasonable doubt (see People v Chiddick, 8 NY3d445, 447-448 [2007]; People vWilliams, 69 AD3d 662, 662-663 [2010]; People v Rivera, 42 AD3d 587, 588-589 [2007]; People vRollins, 273 AD2d 159, 160 [2000]; People v Sheppard, 202 AD2d 701, 702[1994]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfiedthat the verdict of guilt of assault in the second degree and criminal possession of a weapon inthe third degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Parris, 70 AD3d 725, 727[2010]; People v Williamson, 21AD3d 575, 575-576 [2005]). Any inconsistencies or discrepancies in the police officer'stestimony did not render his testimony incredible (see People v Middleton, 36 AD3d 941, 942 [2007]). Rivera, J.P.,Dickerson, Chambers and Austin, JJ., concur.