Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Deborah Stevens Modica, J.), rendered July 25, 2007. The judgment convicted defendant, after a nonjury trial, of three counts of sexual abuse in the third degree and three counts of harassment in the second degree.

ORDERED that the judgment of conviction is affirmed.

After a nonjury trial, defendant was convicted of three counts of sexual abuse in the third degree (Penal Law § 130.55) and three counts of harassment in the second degree (Penal Law § 240.26). His contention on appeal that the victim's testimony was incredible as a matter of law, thereby rendering the evidence legally insufficient to support the conviction, is not preserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (People v Contes, 60 NY2d 620, 621 [1983]), we find it legally sufficient to establish defendant's guilt beyond a reasonable doubt. The victim's testimony was not incredible as a matter of law inasmuch as it was not "manifestly untrue, physically impossible, contrary to experience or self-contradictory" (People v Lynch, 63 AD3d 959, 959 [2009] [internal quotation marks and citations omitted]; People v Bassett, 55 AD3d 1434 [2008]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, and observe their demeanor (see People v Mateo, 2 NY3d 383, 410 [2004]). Upon a review of the record, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 644 [2006]).

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 16, 2011