Opinion
March 17, 1986
Appeal from the County Court, Suffolk County (Snellenburg, J.).
Judgments affirmed.
The defendant's contention that the People failed to prove his guilt beyond a reasonable doubt is without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v. Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133), we conclude that there was ample proof upon which to sustain the defendant's convictions (see, People v. Contes, 60 N.Y.2d 620). Indeed, the record fully supports the trial court's determination that the rapes and sodomies which the defendant and his four companions committed were the product of forcible compulsion (see, Penal Law § 130.00; People v. Kranitz, 104 A.D.2d 956; People v. Randall, 86 A.D.2d 918). Moreover, the defendant's inculpatory statement and his extensive participation in the offenses justify his conviction on the multiple counts pursuant to an acting in concert theory (see, Penal Law § 20.00).
Additionally, we note that insofar as the defendant raises issues of credibility, said issues have already been resolved by the trier of fact and we see no reason to disturb those findings on this appeal (see, People v. Gruttola, 43 N.Y.2d 116; People v Turner, 111 A.D.2d 197). Finally, the sentences imposed were proper exercises of the court's discretion. Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.