Opinion
April 25, 1997
Present — Green, J.P., Lawton, Callahan, Boehm and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: We conclude that defendant's conviction is supported by legally sufficient evidence and is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). We reject the contention of defendant that the jury may have convicted him of an unindicted rape and sodomy ( cf., People v. McNab, 167 A.D.2d 858). The victim's testimony does not establish additional acts of rape and sodomy. Thus, there is no support for that contention ( see, People v. Curtis, 195 A.D.2d 968, 969, lv denied 82 N.Y.2d 752). Finally, there is no merit to the contention that the sentence is unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Murder, 2nd Degree.)