People v. Smith

Judgment, Supreme Court, Bronx County (Ruth E. Smith, J.), rendered December 13, 2010, convicting defendant, after a jury trial, of rape in the first degree, and sentencing him to a prison term of 15 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations.

Defendant’s acquittal of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). Defendant’s argument regarding the sufficiency of his written consent…