Opinion
November 4, 1993
Appeal from the Supreme Court, Bronx County (George Covington, J.).
Order of the same court and Justice, entered September 4, 1992, denying defendant's motion to vacate the judgment, unanimously affirmed.
This prosecution arose out of the rape and sexual abuse of the minor daughter of defendant's girlfriend. The defendant resided in the same apartment with the victim and her mother. Viewing the evidence in a light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932) and giving deference to the jury's findings on credibility under the standards set forth in People v Bleakley ( 69 N.Y.2d 490, 494-495), we conclude that defendant's guilt was proved beyond a reasonable doubt by legally sufficient evidence and that the verdict was not against the weight of that evidence.
Defendant's contention that trial counsel should have been permitted to inquire into the complainant's sexual conduct on cross-examination is meritless (CPL 60.42, [5]; People v Halbert, 175 A.D.2d 88, affd 80 N.Y.2d 865, cert denied ___ US ___, 113 S Ct 1288; People v Perryman, 178 A.D.2d 916, lv denied 79 N.Y.2d 1005). Defendant's claims regarding the admissibility of expert testimony explicating rape trauma syndrome, the limiting instructions regarding such psychological testimony and the final instructions on consideration of evidence were not preserved for appellate review (see, People v Velasquez, 76 N.Y.2d 905, 908). We decline to review them in the interest of justice.
There are no grounds upon which to reverse the order summarily denying defendant's motion to set aside the verdict pursuant to CPL 440.10. However, we do find that, in view of all of the circumstances, the defendant's sentence of 8 1/3 to 25 years on the first degree rape conviction, made to run consecutively with two of the terms imposed on the sexual abuse convictions, was excessive and we reduce that sentence accordingly. We have considered defendant's other contentions and find them to be without merit.
Concur — Carro, J.P., Ellerin, Wallach and Ross, JJ.