Opinion
00-02584
Argued April 12, 2002
May 20, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered March 9, 2000, convicting him of aggravated sexual abuse in the third degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that a rubber glove does not constitute a "foreign object" within the meaning of Penal Law § 130.66(1)(a) is unpreserved for appellate review (see People v. Finger, 95 N.Y.2d 894, 895; People v. Okehoffurum, 201 A.D.2d 508, 509). In any event, the large, dirty, rubber glove used in this case can rationally be considered a "foreign object" within the meaning of Penal Law § 130.66(1)(a) because it is an inanimate object that is capable of causing physical injury (see Penal Law § 130.00; cf. People v. Peet, 101 A.D.2d 656, 657, affd 64 N.Y.2d 914). Therefore, the evidence was legally sufficient to support the defendant's conviction of aggravated sexual abuse in the third degree.
O'BRIEN, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.