People v. Daniels
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The verdict convicting defendant of rape in the first degree is supported by sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). County Court did not err in refusing to charge sexual abuse in the first degree as a lesser included offense of rape in the first degree, inasmuch as the former requires proof of sexual gratification, but the latter
The record does not support the contention that the court imposed a longer sentence than that offered as part of the plea negotiation because defendant exercised his constitutional right to a trial (see, People v Davis, 167 AD2d 862, 863-864, lv denied 77 NY2d 876). We also reject the contention that defendant was deprived of effective assistance of counsel (see, People v Stauffer, 202 AD2d 1041, lv denied 83 NY2d 915; People v Arnold, 188 AD2d 1020, lv denied 81 NY2d 836). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Rape, 1st Degree.) Present — Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.