People v. Coleman

207 A.D.2d 724, 616 N.Y.S.2d 596, 1994 N.Y. App. Div. LEXIS 8985

Opinion

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered September 16, 1992, convicting defendant, after a jury trial, of attempted sexual abuse in the first degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Acosta, 80 NY2d 665, 672), and giving deference to the jury’s findings of credibility (People v Bleakley, 69 NY2d 490, 495), we find that defendant’s guilt was proven beyond a reasonable doubt by legally sufficient evidence.

The issues raised by defendant concerning the credibility of prosecution witnesses, including those that arose from the cross-examination of the complainant impeaching prior judicial and extrajudicial statements she made concerning her educational and employment background, the fact that the complainant did not "cry out” for help (People v Hodges, 204 AD2d 739), and the fact that the police decided against immediately canvassing the area with the complainant, were properly placed before the jury; we find no reason to disturb its determination. Concur—Rosenberger, J. P., Ellerin, Ross, Rubin and Williams, JJ.