Opinion
February 2, 1987
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
The hearing record establishes that although there was a joint viewing of photographs by the two complainants, the female complainant selected the defendant's photograph from the array without assistance by the male complainant. Furthermore, the People were able to prove, by clear and convincing evidence, that the female complainant had an independent basis for her subsequent identifications of the defendant (see, People v Jones, 108 A.D.2d 824; People v. Gaddy, 98 A.D.2d 729).
Viewing the evidence, as we must, in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the jury could find that the defendant's guilt was proven beyond a reasonable doubt. The accuracy of the identification and the inconsistencies in the female complainant's testimony were issues to be resolved by the jury (see, People v. Gruttola, 43 N.Y.2d 116; People v. Tugwell, 114 A.D.2d 869).
We decline to exercise our discretion to disturb the term of imprisonment imposed by the sentencing court. Niehoff, J.P., Rubin, Lawrence and Sullivan, JJ., concur.