People v. Nieves

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered March 18, 1995, convicting defendant, after a jury trial, of rape in the first degree and sexual abuse in the first degree, and sentencing him to concurrent terms of 316 to 10 years and 2 to 6 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Issues of credibility were properly presented to the jury, which had the advantage of observing the demeanor of the witnesses, and we see no reason to disturb its findings.

By failing to make an offer of…