Opinion
1996-11238
Argued March 6, 2003.
April 7, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 26, 1996, convicting him of rape in the first degree, attempted rape in the first degree, assault in the second degree (three counts), sexual abuse in the first degree (three counts), and sexual abuse in the second degree (two counts), upon a jury verdict, and imposing sentence.
Mischel, Neuman Horn, P.C., New York, N.Y. (James E. Neuman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of three counts of assault in the second degree beyond a reasonable doubt (see Penal Law 120.05; People v. Watson, 281 A.D.2d 691). Moreover, the trial court properly declined to merge the rape count with the attempted rape count (see People v. Jackson, 290 A.D.2d 644, 647).
The defendant's arguments regarding prosecutorial misconduct are partially unpreserved for appellate review and, in any event, do not warrant reversal (see People v. Galloway, 54 N.Y.2d 396).
The Supreme Court properly imposed consecutive sentences for the defendant's convictions of sexual abuse in the first degree (see People v. Bonilla, 290 A.D.2d 454, 455), and the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.