Opinion
May 15, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish the defendant's guilt of attempted rape in the first degree beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620, 621; People v Bracey, 41 N.Y.2d 296, 302; People v Johnson, 181 A.D.2d 914). The evidence was such that the jury could infer the defendant's intent to rape from his conduct and the surrounding circumstances, and it could find that he acted to carry his objective forward within dangerous proximity to the criminal end to be attained (see, People v Peterkin, 195 A.D.2d 1015; People v Pereau, 99 A.D.2d 591, affd 64 N.Y.2d 1055). Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions, including that his sentence was excessive, are either unpreserved for appellate review (see, People v Grega, 72 N.Y.2d 489, 497, n 2; People v Sage, 204 A.D.2d 746) or without merit. Rosenblatt, J.P., Ritter, Santucci and Krausman, JJ., concur.