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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MUNGEN, Appellant.

Ordered that the judgment is affirmed.

The jury's verdict was not against the weight of the evidence (see, People v. Bigelow, 106 A.D.2d 448). Although the complainant's testimony contained minor inconsistencies, its accuracy and credibility was for the jury to determine (People v Ragins, 109 A.D.2d 806; People v. Bigelow, supra), and there is no basis in the record at bar to warrant this court's interference with that determination.

The sentence the defendant received was not unduly harsh or excessive, and there are no extraordinary circumstances present which would warrant disturbance of the sentencing court's exercise of discretion (see, People v. Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find them to be either without merit or unpreserved for appellate review. Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.

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PEOPLE v. MUNGEN
(Dec 8, 1986)