Opinion
June 26, 1989
Appeal from the Supreme Court, Richmond County (Felig, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision providing that the terms of imprisonment imposed on the sodomy counts are to run consecutively to the terms of imprisonment imposed on the rape counts, and substituting therefor a provision that said terms of imprisonment shall run concurrently to each other; as so modified, the judgment is affirmed.
The defendant's argument that the jury's verdict was against the weight of credible evidence is without merit.
Under the circumstances of this case, the sentence imposed was excessive to the extent indicated. Thompson, J.P., Lawrence, Balletta and Rosenblatt, JJ., concur.