Opinion
September 20, 1994
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
Viewing the evidence in a light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt was proven beyond a reasonable doubt by legally sufficient evidence, and the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of prosecution witnesses were properly placed before the jury, and, after considering the relative force of the conflicting testimony and the competing inferences that may be drawn therefrom, we find no reason on the record before us to disturb its determination. We find the sentence on the sodomy conviction excessive to the extent indicated.
Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.