PEOPLE v. ELIJAH B

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). Under the circumstances of their use, the work boots with which defendant kicked the prone victim constituted a dangerous instrument ( see People v. Carter, 53 NY2d 113, 116; People v. Taylor, 276 AD2d 933, lv denied 96 NY2d 788; People v. Lappard, 215 AD2d 245, lv denied 86 NY2d 737).