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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES H. JORDAN, Appellant.

Judgment unanimously affirmed. Memorandum: The testimony of two prosecution witnesses, although inconsistent in some respects, was not incredible as a matter of law (see, People v. Everett, 234 A.D.2d 915). The credibility of the witnesses and the weight to be accorded their testimony were matters for jury resolution (see, People v. Gruttola, 43 N.Y.2d 116, 122), and there is no basis in this record to disturb the jury's verdict (see, People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Assault, 1st Degree.)

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PEOPLE v. JORDAN
(May 30, 1997)