The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Credibility issues were properly placed before the trier of fact and we find no reason to disturb its findings.
As the presentment agency correctly concedes, the third-degree counts should be dismissed as lesser included offenses.
We have considered and rejected appellant's remaining contention.
Concur — Rosenberger, J.P., Williams, Mazzarelli and Saxe, JJ.