Appellate Division of the Supreme Court of the State of New York December 20, 2011 (People v. Smith)

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its resolution of alleged inconsistencies in testimony. The court properly exercised its discretion in declining to permit defendant to recall the victim for further cross-examination.