Opinion
June 12, 1989
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), 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 was not against the weight of the evidence (see, CPL 470.15). The conflicting testimony adduced at trial merely created an issue of credibility which was resolved by the jury (People v. Shapiro, 117 A.D.2d 688).
Finally, we have reviewed the defendant's remaining argument concerning the alleged excessiveness of his sentence, and find it to be without merit (People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Kunzeman and Eiber, JJ., concur.