Opinion
September 30, 1991
Appeal from the County Court, Nassau County (Harrington, J.).
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 beyond a reasonable doubt. While the medical evidence was inconclusive, the complainant, who was nine years old at trial, credibly testified that the defendant raped her. Further, her five-week delay in reporting the rape was readily explained by the defendant's threats. Upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
In addition, the court did not improvidently exercise its discretion in admitting the evidence that the complainant tested positive for chlamydia, since the examining doctor testified that the presence of chlamydia in a prepubertal child was indicative of sexual abuse (see, People v. Collins, 123 A.D.2d 779). The claim that a limiting instruction should have been issued is unpreserved for appellate review and we decline to address it in the exercise of our interest of justice jurisdiction (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 248-252).
We have considered the defendant's remaining contentions and find that they are either unpreserved for appellate review or without merit. Harwood, J.P., Lawrence, Eiber and Balletta, JJ., concur.