Opinion
January 28, 1988
Appeal from the County Court of Montgomery County (Intemann, Jr., J.).
The acts for which defendant stands convicted occurred at the apartment where he resided with his girlfriend, the mother of the 3 1/2-year-old victim, and a younger daughter fathered by defendant, during the daytime as he acted as "baby-sitter" for the two young girls while the mother worked. The details of the crime are described in a written confession to the State Police officers made by defendant upon his voluntary appearance at police headquarters, which County Court and the jury found was intelligently and voluntarily made after proper receipt of Miranda warnings (see, People v Stanton, 54 A.D.2d 527, 528; People v Perry, 52 A.D.2d 963; see also, People v Miles, 115 A.D.2d 962, 963, lv denied 67 N.Y.2d 654; People v Montanez, 90 A.D.2d 476, 477; People v Brown, 66 A.D.2d 158, 160). The record demonstrates the requisite corroboration of the confession from the testimony of occupants of two downstairs apartments who heard cries and protestations from the victim on the date of the crime charged in the indictment (see, People v Daniels, 37 N.Y.2d 624, 629; People v Sullivan, 117 A.D.2d 476, lv denied 68 N.Y.2d 918).
We find no error in the cross-examination of defendant's expert or otherwise in the conduct of the trial. Under the circumstances, the sentence imposed (consecutive prison terms of 7 to 21 years on the sodomy conviction and one year for the conviction of endangering the welfare of a child) was neither harsh nor excessive (see, People v Kelly, 124 A.D.2d 825, lv denied 69 N.Y.2d 829; People v Mabry, 101 A.D.2d 961, 963).
Judgment affirmed. Mahoney, P.J., Kane, Casey, Weiss and Yesawich, Jr., JJ., concur.