Opinion
2020-01679 Ind. 429/19
03-02-2022
The People of the State of New York, respondent, v. Patrice Germain, appellant.
Glenn Garber, New York, NY (Nora Stewart of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Rosalind C. Gray and Marion Tang of counsel), for respondent.
Glenn Garber, New York, NY (Nora Stewart of counsel), for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Rosalind C. Gray and Marion Tang of counsel), for respondent.
ANGELA G. IANNACCI, J.P. REINALDO E. RIVERA, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Richard Ambro, J.), rendered January 21, 2020, convicting him of rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree (three counts), and criminal obstruction of breathing or blood circulation, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence with regard to his conviction of rape in the first degree is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 N.Y.3d 484, 492). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish his guilt of the crime of rape in the first degree beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 N.Y.3d 342, 348-349), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633).
The defendant's contention that he was deprived of a fair trial by the admission of certain evidence relating to the complainant's mental and physical condition following the incident is unpreserved for appellate review (see CPL 470.05[2]). In any event, the evidence was properly admitted (see People v Troche, 159 A.D.3d 735, 737; People v Miller, 78 A.D.3d 733, 734).
The defendant's contention that the County Court erred in permitting the prosecution to call an expert to testify about rape trauma syndrome is similarly unpreserved for appellate review (see CPL 470.05[2]). In any event, the testimony was properly admitted "to explain behavior of a victim that might appear unusual" (People v Carroll, 95 N.Y.2d 375, 387; see People v Washington, 189 A.D.3d 1470, 1471; People v Davis, 118 A.D.3d 906, 907).
The defendant was not deprived of the effective assistance of counsel (see Strickland v Washington, 466 U.S. 668; People v Benevento, 91 N.Y.2d 708, 712; People v Baldi, 54 N.Y.2d 137, 147).
The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
IANNACCI, J.P., RIVERA, MALTESE and FORD, JJ., concur.