Opinion
No. KA 06-00712.
February 8, 2008.
Appeal from a judgment of the Niagara County Court (Angelo J. Morinello, J.), rendered January 27, 2006. The judgment convicted defendant, upon a jury verdict, of rape in the first degree and sexual abuse in the first degree.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Lunn, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the first degree (Penal Law § 130.35) and sexual abuse in the first degree (§ 130.65 [3]). We reject defendant's contention that County Court failed to give the evidence the weight it should be accorded and thus that the verdict is against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.