Opinion
1999-10276
Argued May 23, 2002.
June 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 1, 1999, convicting him of sodomy in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jack D. Jordan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Marie-Claude P. Wrenn of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the indictment charging him with sodomy in the first degree was rendered duplicitous by the trial testimony was not preserved for appellate review (see CPL 470.05; People v. Bumbury, 263 A.D.2d 512; People v. Cosby, 222 A.D.2d 690), and we decline to reach this issue in the exercise of our interest of justice jurisdiction.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
The defendant's sentence was not excessive (see People v. Suitte, 90 A.D.2d 80).
FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.