Opinion
February 27, 1989
Appeal from the Supreme Court, Queens County (Fertig, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied, contrary to the defendant's argument, that the verdict was not against the weight of the evidence (CPL 470.15). The conflicting testimony adduced at trial with respect to the defendant's agency defense created a credibility issue which was resolved by the trier of fact (see, People v Lam Lek Chong, 45 N.Y.2d 64, 74-75).
We have reviewed the defendant's remaining argument that the sentence imposed was excessive, and find it to be without merit (Penal Law § 70.06 [b]; [4] [b]; People v Suitte, 90 A.D.2d 80). Mangano, J.P., Lawrence, Rubin and Kooper, JJ., concur.