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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 502 (N.Y. App. Div. 2000)

Opinion

Argued September 7, 2000.

October 2, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered April 10, 1997, convicting him of rape in the first degree (two counts), sodomy in the first degree (two counts), sexual abuse in the first degree (three counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

David W. Windley, Brooklyn, N.Y., for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of the crimes of which he was convicted beyond a reasonable doubt. Moreover, the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The trial court providently exercised its discretion in allowing a psychologist, who was an expert in intra-familial child rape trauma syndrome, to testify as to the general features of the syndrome (see, e.g., People v. Mooney, 76 N.Y.2d 827, 828; People v. Banks, 75 N.Y.2d 277; People v. Keindl, 68 N.Y.2d 410; People v. Cronin, 60 N.Y.2d 430).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 502 (N.Y. App. Div. 2000)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MARIANO RIVERA, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 2, 2000

Citations

276 A.D.2d 502 (N.Y. App. Div. 2000)
714 N.Y.S.2d 237