Opinion
June 11, 1990
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is affirmed.
The defendant contends that the complainant's trial testimony is incredible and uncorroborated, and, therefore, the jury's verdict is against the weight of the evidence and her guilt has not been proved beyond a reasonable doubt. We disagree.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). Although the complainant and the defendant gave drastically different accounts of how the defendant came to be driving the complainant's car, the jury's determination to credit the version proffered by the complainant finds support in the record (see, People v. Garafolo, 44 A.D.2d 86, 88), and we decline to disturb it.
The prosecutor's conduct, although at times improper, was not so egregious as to have deprived the defendant of a fair trial (see, People v. Galloway, 54 N.Y.2d 396). Thompson, J.P., Brown, Lawrence and Eiber, JJ., concur.