Opinion
April 13, 1987
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish the defendant's guilt beyond a reasonable doubt. The credibility of a witness is a matter to be determined primarily by the trier of fact (People v Bauer, 113 A.D.2d 543, appeal denied 67 N.Y.2d 648, 67 N.Y.2d 880) and the jury may choose to believe a witness even if his testimony contains inconsistencies (People v Cook, 99 A.D.2d 552). The People were not required to rebut evidence presented by the defendant which was contradictory to the People's case (see, People v Roudabush, 123 A.D.2d 649). Bracken, J.P., Brown, Niehoff and Kooper, JJ., concur.