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PEOPLE v. GRITZKE, 271 [4th Dept 2002

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 15, 2002
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MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of two counts of assault in the second degree (Penal Law § 120.05, [9]), one count of intimidating a witness in the third degree (Penal Law § 215.15), and other crimes. The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). "Great deference is to be accorded to the fact-finder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony" ( People v. Valencia, 263 A.D.2d 874, 876, lv denied 94 N.Y.2d 799). Contrary to the contention of defendant, he received effective assistance of counsel ( see generally, People v. Baldi, 54 N.Y.2d 137, 147). Finally, the sentence is not unduly harsh or severe.