People v. Downing (128 A.D.2d 718, 1987)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered March 26, 1985, convicting him of sexual abuse in the first degree, sexual misconduct, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

It cannot be said, after viewing the evidence in the light most favorable to the prosecution, that no rational trier of fact could have found the essential elements of sexual abuse in the first degree beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Credibility is an issue for the jury to determine and, when faced with conflicting evidence in making that determination, it may accept some portions of a witness’s testimony and reject others (see, People v Ford, 66 NY2d 428; People v Kennedy, 47 NY2d 196). This is apparently what the jury did here and, as its verdict is supported by the weight of the evidence, the jury’s determination will not be disturbed on appeal. Thus, upon the exercise of our factual review power, we are satisfied that the evidence was of sufficient quality and quantity to establish the defendant’s guilt beyond a reasonable doubt (see, CPL 470.15 [5]). Rubin, J. P., Kunzeman, Spatt and Harwood, JJ., concur.