Opinion
November 16, 1987
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the judgment is affirmed.
The trial court, in allowing the introduction of rebuttal testimony by Detective Sergeant Roman, properly exercised the discretion afforded by CPL 260.30 (7). The rebuttal testimony refuted an issue raised by testimony offered by the defense (see, People v. Harris, 57 N.Y.2d 335, cert denied 460 U.S. 1047). The evidence, when viewed in a light most favorable to the People, was sufficient as a matter of law to support the defendant's conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). We also find, upon the exercise of our factual review power, that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). It is within the province of the jury to assess the credibility of the defendant's witnesses in the face of conflicting evidence adduced by the People and its determination is to be accorded great weight on appeal (see, People v. Dudley, 110 A.D.2d 652). Mangano, J.P., Thompson, Lawrence and Kunzeman, JJ., concur.