| People v Sanchez |
| 2010 NY Slip Op 00072 [69 AD3d 434] |
| January 7, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Giovanny Sanchez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (John B.F. Martin of counsel), forrespondent.
Judgment, Supreme Court, New York County (John Cataldo, J.), rendered June 5, 2008,convicting defendant, after a jury trial, of rape in the second degree, and sentencing him to aterm of three years, unanimously affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight ofthe evidence (see People vDanielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury'sdeterminations concerning credibility. The element of penetration was satisfied by the victim'stestimony that she felt defendant's penis inside her vagina. The evidence that defendant claims tonegate penetration is actually consistent with at least slight or partial penetration, which is all thelaw requires (see Penal Law § 130.00 [1]; People v Williams, 259 AD2d509 [1999], lv denied 93 NY2d 1007 [1999]).
The court's refusal to read back cross-examination testimony impeaching certain directtestimony requested by the jury did not seriously prejudice defendant, and does not requirereversal (see People v Agosto, 73 NY2d 963, 966 [1989]). The brief cross-examinationat issue was cumulative to other information that the jury requested and received duringdeliberations.
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Friedman,Nardelli, Renwick and RomÁn, JJ.