Opinion
May 30, 1997
Present — Denman, P.J., Pine, Callahan, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted following a bench trial of rape in the first degree (Penal Law § 130.35) and sexual abuse in the first degree (Penal Law § 130.65). He contends that County Court erred in admitting hearsay evidence in the nature of prompt complaint testimony and in allowing the testimony of a New York State Trooper that defendant declined to give a written statement. In a bench trial, the court is presumed to have "considered only competent evidence in reaching its verdict" ( People v. Howard, 209 A.D.2d 1014, affd 87 N.Y.2d 940; see, People v. Krause, 187 A.D.2d 1019, 1020, lv denied 81 N.Y.2d 842; People v. Mann, 172 A.D.2d 1010, 1010-1011, lv denied 78 N.Y.2d 969). It is incumbent upon the defendant in a bench trial to show that the admission of inadmissible testimony prejudiced him (see, People v. Robinson, 143 A.D.2d 376, 377, lv denied 73 N.Y.2d 789). On this record, there is nothing to suggest that the court considered anything but competent evidence or that defendant was prejudiced by the admission of the allegedly inadmissible testimony ( see, People v. Robinson, supra, at 377). We have considered the remaining contentions raised by defendant and conclude that they are without merit ( see, People v. Bleakley, 69 N.Y.2d 490, 495). (Appeal from Judgment of Steuben County Court, Bradstreet, J. — Rape, 1st Degree.)