Opinion
January 18, 1996
Appeal from the Supreme Court, Bronx County (Ivan Warner, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Any inconsistencies in the victim's testimony, some explained by her youth, were issues of credibility for the jury to determine, whose determination we find no reason to disturb ( see, People v Williams, 177 A.D.2d 294). The issue of whether defendant and the victim's father and aunt drank alcohol in the apartment on the day of the incident was a material matter that bore on why, as the victim claimed, her father and aunt allowed defendant to drag her into the bedroom and sexually abuse her ( see, People v Schwartzman, 24 N.Y.2d 241, 245-246, cert denied 396 U.S. 846). The rebuttal testimony was properly allowed to contradict defense evidence that the aunt never drank. We have considered defendant's remaining claims and find they are either unpreserved or do not warrant reversal.
Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.