Opinion
November 8, 1996.
Judgment unanimously affirmed.
Before: Present — Green, J.P., Lawton, Wesley, Callahan and Boehm, JJ.
The evidence at trial, viewed in the light most favorable to the People ( see, People v Williams, 84 NY2d 925, 926), is legally sufficient to support defendant's conviction of aggravated sexual abuse in the first degree (Penal Law § 130.70 [c]) and rape in the first degree (Penal Law § 130.35; § 20.00; see, People v Bleakley, 69 NY2d 490, 495). Upon weighing the relative probative force of the conflicting testimony, we conclude that the verdict is not against the weight of the evidence ( see, People v Bleakley, supra, at 495).
Considering the heinous nature of the offenses, defendant's sentence is neither unduly harsh nor severe, and we decline to exercise our power to modify it as a matter of discretion in the interest of justice ( see, CPL 470.15 [b]). (Appeal from Judgment of Seneca County Court, Falvey, J. — Rape, 1st Degree.)