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PEOPLE v. SALDANA

7 A.D.3d 429 (2004)

776 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LORENZO SALDANA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 2004.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. The court had a rational basis upon which to find the victim's excited utterance to be reliable while at the same time discrediting a contradictory portion of her testimony (see People v Fratello, 92 N.Y.2d 565, 572-575 [1998]). The evidence established...

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