Opinion
June 13, 1988
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed.
The defendant contends that the complainant's testimony was inconsistent with a pretrial statement made by her, and that, therefore, his guilt of attempted sodomy in the first degree was not proven. Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt. Further, this court will not lightly substitute its judgment for that of the jury unless clearly unsupported by the record (see, People v Bauer, 113 A.D.2d 543, lv denied 67 N.Y.2d 648, 880). The jury considered the pretrial statement, and, nevertheless, credited the complainant's testimony. Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
We have examined the defendant's remaining contentions, including those in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit. Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.