| People v Cortes |
| 2007 NY Slip Op 08248 [44 AD3d 1068] |
| October 30, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Miguel Cortes, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County(Rosenwasser, J.), rendered February 22, 2005, convicting him of rape in the third degree,endangering the welfare of a child, and sexual abuse in the third degree (three counts), after anonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's general motion to dismiss the charge of rape in the third degree, made at theclose of the People's case, failed to preserve for appellate review the argument he now makes onappeal as to the legal sufficiency of the evidence at trial (see CPL 470.05 [2]; Peoplev Finger, 95 NY2d 894 [2000]; People v Santos, 86 NY2d 869 [1995]; People vBynum, 70 NY2d 858, 859 [1987]).
In any event, viewing the evidence in the light most favorable to the prosecution (seePeople v Contes, 60 NY2d 620, 621 [1983]), we find that the evidence was legally sufficientto establish the defendant's guilt of rape in the third degree based on the victim's testimony andthe defendant's statement to police (see Penal Law § 130.00 [1]; People vGill, 172 AD2d 623 [1991]). The defendant's testimony at trial that his statement to policecontained errors merely raised an issue of credibility to be resolved by the trier of fact (seePeople v Cutri, 306 AD2d 418, 419 [2003]). Moreover, upon the exercise of our factualreview power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was notagainst the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; Peoplev Nelson, 22 AD3d 769, 770 [2005]). Prudenti, P.J., Krausman, Fisher and Dillon, JJ.,concur.