People v. Prophet

*888left to the trier of the facts (see, People v Christian, 139 AD2d 896, lv denied 71 NY2d 1024). Defendant’s sentence is not harsh and excessive and should not be modified in the interest of justice. (Appeal from judgment of Supreme Court, Erie County, Doyle, J.—sexual abuse, first degree.) Present—Callahan, J. P., Denman, Green, Balio and Davis, JJ.