Opinion
March 31, 1999
Appeal from Adjudication of Ontario County Court, Henry, Jr., J. — Youthful Offender.
Adjudication unanimously affirmed. Memorandum: We reject the contention of defendant that the evidence is insufficient to support his conviction of sexual abuse in the first degree (Penal Law § 130.65) because the People failed to prove that he touched the victim's vagina for the purpose of gratifying sexual desire ( see, Penal Law § 130.00). The sexual gratification element may be inferred from the conduct itself (see, People v. Dehler, 216 A.D.2d 643, 644, lv denied 86 N.Y.2d 734; Matter of Olivia YY., 209 A.D.2d 892). We further reject the contention that the People failed to present sufficient proof corroborating defendant's statement to the police ( see, CPL 60.50). The People presented corroborative proof placing defendant at the crime scene (see, People v. Lipsky, 57 N.Y.2d 560, 571, rearg denied 58 N.Y.2d 824), and "there was additional corroborative evidence presented by the victim's prompt outcry" (People v. Bott, 234 A.D.2d 625, 626, lv denied 89 N.Y.2d 1009; see, People v. Cordero, 257 A.D.2d 372). Defendant failed to preserve for our review his contention that the 28-day delay between the conclusion of the trial and the verdict deprived him of his right to a prompt verdict (see, People v. Munn, 184 A.D.2d 1061, lv denied 80 N.Y.2d 932) and that the indictment does not sufficiently specify the time period in which the crime was committed (see; People v. Harris, 150 A.D.2d 723, 724). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15[a]).
Present — Green, J. P., Hayes, Pigott, Jr., Scudder and Callahan, JJ.