People v. Davis

• Citation: 698 N.Y.S.2d 860
• Parties: The PEOPLE of the State of New York, Respondent, v. Hosea B. DAVIS, Defendant-Appellant.
• Decision Date: 02 December 1999
• Court: New York Supreme Court — Appellate Division

Page 860

698 N.Y.S.2d 860

The PEOPLE of the State of New York, Respondent, v. Hosea B. DAVIS, Defendant-Appellant.

Supreme Court, Appellate Division,

First Department, New York.

Dec. 2, 1999.

Yael V. Levy, for Respondent.

Bertrand J. Kahn, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered January 5, 1996, convicting defendant, after a nonjury trial, of four counts of sodomy in the first degree and four counts of sexual abuse in the first degree, and sentencing him to four concurrent terms of 5 to 15 years concurrent with four concurrent terms of 2 1/3 to 7 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the fact-finder's credibility determinations.

We perceive no abuse of sentencing discretion. The record fails to support defendant's claim that the sentence imposed was based in part upon improper criteria.

ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI and FRIEDMAN, JJ., concur.