Appellate Division of the Supreme Court of New York, 2001

People v. Van Gorder

People v. Van Gorder
Appellate Division of the Supreme Court of New York · Decided March 21, 2001
281 A.D.2d 944; 722 N.Y.S.2d 844; 2001 N.Y. App. Div. LEXIS 2883
People v. Van Gorder

Opinion of the Court

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 [1]), 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 NY2d 490, 495). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Rape, 1st Degree.) Present— Pigott, Jr., P. J., Green, Kehoe, Burns and Lawton, JJ.

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