Opinion
July 12, 1996
Appeal from the Jefferson County Court, Clary, J.
Present — Lawton, J.P., Wesley, Doerr, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant argues that the verdict, acquitting him of sexual abuse in the first degree and convicting him of endangering the welfare of a child, is repugnant. By failing to object on that ground before the jury was discharged, defendant failed to preserve for review his present argument ( see, People v. Alfaro, 66 N.Y.2d 985, 987; People v. Satloff, 56 N.Y.2d 745, 746, rearg denied 57 N.Y.2d 674). In any event, the argument is without merit; the acquittal of sexual abuse in the first degree does not negate an essential element of the crime of endangering the welfare of a child ( see, People v. Loughlin, 76 N.Y.2d 804, 806).
The conviction is supported by sufficient evidence and is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). We decline to exercise our power to modify the sentence as a matter of discretion in the interest of justice ( see, CPL 470.15 [b]).