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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN HINES, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant points to certain inconsistencies in the testimony of the complainant and claims that his testimony should be deemed incredible as a matter of law. However, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined at trial and we see no reason to disturb the trial court's findings here (see, People v. Yarrell, 150 A.D.2d 740; People v. Mistretta, 147 A.D.2d 661; cf., People v Foster, 64 N.Y.2d 1144, cert denied 474 U.S. 857; People v. Reed, 40 N.Y.2d 204; People v. Santos, 38 N.Y.2d 173; People v. Ledwon, 153 N.Y. 10). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). O'Brien, J.P., Santucci, Joy and Goldstein, JJ., concur.

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PEOPLE v. HINES
(Aug 14, 1995)