PEOPLE v. PADILLA

The verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). Issues of credibility, including the weight to be given the victim's background and the minor inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. The fact that defendant was acquitted of attempted murder does not warrant a different conclusion (see, People v. Rayam, 94 N.Y.2d 557).

We perceive no basis for a reduction of sentence.

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