Opinion
Argued September 30, 1999
November 8, 1999
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Matthew Schechter of counsel), for respondent.
DANIEL W. JOY, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered April 16, 1998, convicting him of rape in the first degree, sexual abuse in the first degree (two counts), and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.
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 beyond a reasonable doubt (see, People v. Alexander, 176 A.D.2d 947 , People v. Harvey, 175 A.D.2d 138 ). Moreover, 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[5]).
The trial court properly refused the defendant's request to charge the jury with the lesser-included offense of attempted rape. No reasonable view of the evidence would support a finding that he committed the lesser offense but not the greater (see, People v. Glover, 57 N.Y.2d 61 .
The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80 ).
JOY, J.P., GOLDSTEIN, McGINITY, and FEUERSTEIN, JJ., concur.