Moreover, the victim’s testimony was inconsistent with defendant’s documented conduct during the months leading up to the incident. Notably, defendant and the victim were going through a bitter divorce. However, defendant’s conduct in connection with the divorce demonstrated his intent to act lawfully, contrary to the victim’s testimony.
While we afford great deference to the court’s opportunity to hear testimony and observe demeanor, our review of the record finds the victim’s testimony incredible. Concur — Andrias, J.E, Sweeny, Catterson, Moskowitz and Manzanet-Daniels, JJ.
