Summary
finding that, though there was not conclusive medical evidence of rape, it did not negate the credible testimony of a child victim, where victim's testimony was consistent with slight penetration
Summary of this case from Bonilla v. GriffinOpinion
May 15, 1997
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
Defendant's guilt was proved beyond a reasonable doubt and the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490). Where the complainant's testimony was consistent with slight penetration, "the absence of conclusive medical corroboration does not negate the credible evidence furnished by the child victim" ( People v. Collins, 166 A.D.2d 270, 271, lv edenied 76 N.Y.2d 1020).
Defendant's contention regarding the admissibility of testimony by the People's child sexual abuse expert is unpreserved for appellate review ( see, People v. Smith, 202 A.D.2d 366), and we decline to review it in the interest of justice. Were we to review it, we would find that the expert's testimony was admissible "to establish how a child could be raped without suffering physical injury and was not offered to prove that the victim was raped" ( supra). Defendant's remaining contentions are without merit.
Concur — Milonas, J.P., Nardelli, Williams and Andrias, JJ.