PEOPLE v. HOWIE

The verdict 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. Bleakley, 69 N.Y.2d 490). The evidence clearly established the requisite unlawful intent, and defendant's acquittal of other charges does not warrant a different conclusion (see People v. Rayam, 94 N.Y.2d 557).

We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count (see People v. Spence, 290 A.D.2d 223,lv denied 98 N.Y.2d 641; People v. Kulakov, 278 A.D.2d 519, lv denied 96 N.Y.2d 785).

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