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PEOPLE v. ELLISON
Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 7, 2003
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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 of sodomy in the first degree (Penal Law former ยง 130.50 [1]). Contrary to defendant's contention, the verdict is not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495). The credibility of the victim is an issue for the factfinder to resolve, and we cannot conclude that the factfinder failed to give the evidence the weight it should be accorded (see id.). The sentence is not unduly harsh or severe.
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