Opinion
July 3, 1989
Appeal from the Supreme Court, Richmond County (Felig, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision providing that the terms of imprisonment imposed on the sodomy counts are to run consecutively to the terms of imprisonment imposed on the rape counts, and substituting therefor a provision that said terms of imprisonment shall run concurrently; as so modified, the judgment is affirmed.
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).
Under the circumstances of this case, the sentence imposed was excessive to the extent indicated.
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit. Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.