Opinion
March 3, 1998
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of attempted rape, including evidence that defendant punched the victim in her face after she refused his demand for a kiss, proceeded to beat her as he shoved her towards the bathroom and onto the floor, fumbled to undo his belt as he hunched a few feet over her, and only fled from the apartment after the victim jumped up and lunged at him. The victim's face was fractured in four places, her nose was broken and she had to have steel plates implanted around her left eye; she was hospitalized for five days following the incident. Under the circumstances, defendant's actions clearly demonstrated an intent to commit rape and came dangerously near to completion of the rape ( People v. Bracey, 41 N.Y.2d 296, 300).
Summary denial of defendant's CPL 440.10 motion, containing only conclusory allegations, was proper.
We have considered defendant's remaining contentions and find them to be either unpreserved or without merit.
Concur — Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.