Opinion
March 21, 2001.
Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Rape, 1st Degree.
PRESENT: PIGOTT, JR., P. J., GREEN, KEHOE, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him upon a jury verdict of attempted rape in the first degree (Penal Law § 110.00, 130.35) and endangering the welfare of a child (Penal Law § 260.10), defendant contends that the verdict is against the weight of the evidence. We disagree. At trial, the People presented the testimony of the victim and a witness concerning the attempted rape of the victim, and an expert explained the victim's three-year delay in reporting the crime. It cannot be said that the jury failed to give the evidence the weight it should be accorded ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe.