People v. Benton

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE BENTON, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1989

152 A.D.2d 992 (N.Y. App. Div. 1989)

543 N.Y.S.2d 797

Opinion

July 12, 1989

Appeal from the Monroe County Court, Marks, J.

Present — Dillon, P.J., Doerr, Pine, Balio and Lawton, JJ.

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of two counts of sodomy in the first degree and one count of petit larceny, arguing that the verdict was against the weight of the evidence. We disagree (see, People v Bleakley, 69 N.Y.2d 490, 495; People v Mustafa, 126 A.D.2d 674, lv denied 69 N.Y.2d 831); there was ample evidence to corroborate the victim's testimony, and it was the jury's function to assess the victim's credibility.