233 A.D.2d 899 649 N.Y.S.2d 866

The People of the State of New York, Respondent, v Henry B. Covert, Appellant.

[649 NYS2d 866]

—Judgment unanimously affirmed. Memorandum: The evidence at trial, viewed in the light most favorable to the People (see, People v Williams, 84 NY2d 925, 926), is legally sufficient to support defendant’s conviction of aggravated sexual abuse in the first degree (Penal Law § 130.70 [1] [c]) and rape in the first degree (Penal Law § 130.35 [3]; § 20.00; see, People v Bleakley, 69 NY2d 490, 495). Upon weighing the relative probative force of the conflicting testimony, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, supra, at 495).

Considering the heinous nature of the offenses, defendant’s sentence is neither unduly harsh nor severe, and we decline to exercise our power to modify it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]). (Appeal from Judgment of Seneca County Court, Falvey, J.—Rape, 1st Degree.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.

People v. Covert
233 A.D.2d 899 649 N.Y.S.2d 866

Case Details

Name
People v. Covert
Decision Date
Nov 8, 1996
Citations

233 A.D.2d 899

649 N.Y.S.2d 866

Jurisdiction
New York

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