Opinion
(1470) KA 99-05642.
November 9, 2001.
(Appeal from Judgment of Oneida County Court, Dwyer, J. — Rape, 1st Degree.)
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of rape in the first degree (Penal Law § 130.35), sexual abuse in the first degree (Penal Law § 130.65), and sodomy in the first degree (Penal Law § 130.50). We conclude that the evidence is legally sufficient to support the forcible compulsion element of each of those crimes and that the verdict convicting defendant of those crimes is not against the weight of the evidence ( see, Penal Law § 130.00; People v. Thompson, 72 N.Y.2d 410, 415-416, rearg denied 73 N.Y.2d 870; People v. Stephens, 176 A.D.2d 1189, lv denied 79 N.Y.2d 832; see generally, People v. Bleakley, 69 N.Y.2d 490, 495). The credibility of the victim and the weight to be accorded her testimony were matters for the jury ( see, People v. Gruttola, 43 N.Y.2d 116, 122). The testimony of the victim, although inconsistent in some respects, was not incredible as a matter of law ( see, People v. Jordan, 239 A.D.2d 947, lv denied 90 N.Y.2d 940; People v. Everett, 234 A.D.2d 915). There is no basis in this record to disturb the jury's verdict ( see, People v. Bleakley, supra, at 495; People v. Jordan, supra). The sentence is not unduly harsh or severe.