Opinion
May 11, 1990
Appeal from the Supreme Court, Erie County, Dadd, J.
Present — Doerr, J.P., Boomer, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant argues that his convictions of rape in the first degree and unlawful imprisonment in the second degree are against the weight of the evidence. We disagree. The testimony of the victim, although somewhat inconsistent, was not incredible as a matter of law (see, People v. Christian, 139 A.D.2d 896, lv denied 71 N.Y.2d 1024; People v. Shedrick, 104 A.D.2d 263, 274, affd 66 N.Y.2d 1015, rearg denied 67 N.Y.2d 758) and her credibility was a matter for the jury to resolve. Upon our independent review of the record, we conclude that the convictions are not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490).