Opinion
12-23-2016
The PEOPLE of the State of New York, Respondent, v. Patrick J. ELLIOTT, Defendant–Appellant.
John J. Raspante, Utica, for defendant-appellant. Leanne K. Moser, District Attorney, Lowville, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for respondent.
Appeal from a judgment of the Lewis County Court (Daniel R. King, J.), rendered November 8, 2013. The judgment convicted defendant, upon a jury verdict, of rape in the second degree and endangering the welfare of a child.
John J. Raspante, Utica, for defendant-appellant.
Leanne K. Moser, District Attorney, Lowville, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him after a jury trial of rape in the second degree (Penal Law § 130.30[1] ) and endangering the welfare of a child (§ 260.10[1] ). Contrary to his sole contention on appeal, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). The 14–year–old victim testified that defendant had sex with her, and the forensic evidence, although inconclusive, was not inconsistent with her testimony.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, and SCUDDER, JJ., concur.