PEOPLE v. HARNETT

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94). The fact that the jury rendered a mixed verdict is explainable and does not warrant a different conclusion ( see People v. Rayam, 94 N.Y.2d 557).

The record fails to support defendant's claim that he was excluded from a conference with a prospective juror ( see People v. Velasquez, 1 N.Y.3d 44. On the contrary, we conclude that the court followed a standard procedure which ensured defendant's presence each time a panelist asked to address the court in private, including the occasion at issue.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.