Opinion
December 14, 1995
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
We find that the weight of the evidence supports the jury's verdict ( see, People v Bleakley, 69 N.Y.2d 490). There is no reason to disturb the jury's credibility determinations ( see, People v Linares, 211 A.D.2d 504, lv denied 85 N.Y.2d 940), especially where significant aspects of the victim's testimony were corroborated by other witnesses ( see, People v Franklin, 166 A.D.2d 162, lv denied 76 N.Y.2d 1021).
The victim's 1985 misdemeanor conviction for attempted offering of a false instrument for filing, of which the parties were unaware at the time of trial and which the victim denied on the witness stand, did not constitute "newly discovered evidence" sufficient to warrant vacatur of the judgment ( see, People v Salemi, 309 N.Y. 208, 215-216, cert denied 350 U.S. 950). Moreover, since the victim's testimony was corroborated in significant respects by that of other witnesses, evidence of the victim's remote misdemeanor would not have probably changed the result of the trial (CPL 440.10 [g]).
We perceive no abuse of discretion in sentencing.
Concur — Ellerin, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.