Summary
finding that, where defendant was convicted of "three counts of first degree sodomy [Penal Law § 130.50(1)] and one count of endangering the welfare of a child [Penal Law § 260.10(1)], defendant's . . . claim[] . . . that the evidence was insufficient because the testimony of the victims was not corroborated . . . [ha]s no merit. . . . Corroboration was not required because the convictions were based upon defendant's forcible compulsion and not upon the circumstance that the victims' lack of consent resulted from incapacity to consent because of their ages."
Summary of this case from Howard v. PotterOpinion
November 10, 1986
Appeal from the Oneida County Court, Buckley, J.
Present — Doerr, J.P., Denman, Green, Pine and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction for three counts of first degree sodomy (Penal Law § 130.50) and one count of endangering the welfare of a child (Penal Law § 260.10), defendant's primary claims are that the evidence was insufficient because the testimony of the victims was not corroborated and that the trial court erred in its Sandoval ruling (see, People v Sandoval, 34 N.Y.2d 371). There is no merit to either claim. Corroboration was not required because the convictions were based upon defendant's forcible compulsion and not upon the circumstance that the victims' lack of consent resulted from incapacity to consent because of their ages (see, Penal Law § 130.16, 260.11 Penal). In making its Sandoval ruling the court properly balanced the probative value of the prior convictions with the potential for prejudice (People v Sandoval, supra, p 375). We have considered the other claims raised by defendant and find them to be without merit.