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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRYAN WOODWORTH, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

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 nonjury trial of attempted rape in the first degree (Penal Law §§ 110.00, 130.35), three counts of sexual abuse in the first degree (§ 130.65 [1], [3]), and eight counts of sexual abuse in the second degree (§ 130.60 [2]). The general motion to dismiss by defendant at the close of proof did not preserve for our review his present contentions concerning the alleged legal insufficiency of the evidence ( see People v. Gray, 86 N.Y.2d 10, 19). The verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). "The credibility determinations of County Court are entitled to great deference . . ., and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded" ( People v. Scott, 289 A.D.2d 974, 975, lv denied 97 N.Y.2d 733, 735; see People v. Lewis, 5 A.D.3d 1073). The sentence is not unduly harsh or severe. We have reviewed defendant's remaining contention and conclude that it is without merit.

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PEOPLE v. WOODWORTH
(Jun 14, 2004)