Opinion
Submitted October 5, 2000.
November 6, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered July 7, 1999, convicting him of sodomy in the third degree, attempted sodomy in the third degree, sexual abuse in the second degree (three counts), and official misconduct, after a nonjury trial, and imposing sentence.
Bennett M. Epstein, New York, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Diane E. Selker of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 of the crime of official misconduct beyond a reasonable doubt (see, People v. Feerick, 93 N.Y.2d 433; People v. Perlman, 121 A.D.2d 765). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt with respect to the counts involving the complainant Stacey B. was not against the weight of the evidence (see, CPL 4 70.15[5]).
The court providently exercised its discretion in denying the defendant's motion to sever and granting the People's motion to consolidate (see, CPL 200.20; People v. Lane, 5 6 N.Y.2d 1; People v. Hall, 169 A.D.2d 778).