People v. Banks

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered February 22,1983, upon a verdict convicting defendant of the crime of rape in the first degree. H Defendant was indicted and convicted after a jury trial of first degree rape. On appeal, defendant asserts that the jury verdict was against the weight of the evidence. We disagree. K Since it is assumed that the jury credited the People’s proof, we view the evidence in the light most favorable to the People (People v Kennedy, 47 NY2d 196, 203). The issue at trial was essentially one of credibility. Complainant…