Opinion
December 2, 1991
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that the sworn testimony of the victim establishing the required elements of incest applicable to this situation, i.e., the defendant's (1) sexual intercourse (2) with a person related to him as a descendant (see, Penal Law § 255.25), was legally sufficient evidence of his guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). Thompson, J.P., Harwood, Lawrence and Miller, JJ., concur.