NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 6, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
NIASIA WALLACE, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J.) rendered May 9, 2006, convicting defendant, after a jury trial, of assault in the first degree and burglary in the first degree, and sentencing her to concurrent terms of 8 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Nardelli, Buckley, Moskowitz, Renwick, JJ.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). There is no basis for disturbing the jury's determinations concerning credibility, including its evaluation of the victim's alleged delay in accusing defendant of being one of her assailants.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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