People v. Kershaw

The defendant contends on appeal, inter alia, that his guilt was not proven. We disagree. Viewing the evidence adduced at trial in a light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to support the conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]). Although the testimony of the complainant and the defendant was in sharp contrast on the issue of forcible compulsion (Penal Law § 130.00 [8]), the witnesses’ credibility…