28 A.D.3d 1246
N.Y. App. Div.
2006

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DANIEL J. WALEK, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department

812 NYS2d 915

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered July 23, 2004. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (three counts) and course of sexual conduct against a child in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of three counts of sexual abuse in the first degree (Penal Law § 130.65 [3]) and one count of course of sexual conduct against a child in the second degree (§ 130.80 [1] [a]). We reject defendant’s contention that the verdict is against the weight of the evidence. The jury was entitled to resolve issues of credibility in favor of the People (see People v Shedrick, 104 AD2d 263, 274 [1984], affd 66 NY2d 1015 [1985], rearg denied 67 NY2d 758 [1986]; see also People v Briggs, 190 AD2d 995 [1993], lv denied 81 NY2d 1011 [1993]), and it cannot be said that the jury failed to give the evidence the weight it should be accorded (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Defendant failed to preserve for our review his contention that the conviction is not supported by legally sufficient evidence (see People v Gray, 86 NY2d 10, 19 [1995]) and, in any event, that contention lacks merit (see generally Bleakley, 69