People v. Reglus

Appellate Division of the Supreme Court of New York

People v. Reglus

227 A.D.2d 886, 643 N.Y.S.2d 443, 1996 N.Y. App. Div. LEXIS 6772

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 1996

StatusPublished

This text of 227 A.D.2d 886 (People v. Reglus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Reglus, 227 A.D.2d 886, 643 N.Y.S.2d 443, 1996 N.Y. App. Div. LEXIS 6772 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant was charged with two counts of rape in the first degree (Penal Law § 130.35 [1]) and two counts of sodomy in the first degree (Penal Law § 130.50 [1]). He was found guilty, following a bench trial, of two counts of attempted rape in the first degree and two counts of attempted sodomy in the first degree. He contends that County Court erred in admitting a videotape and in considering the lesser included offenses of attempted rape and attempted sodomy. Those issues are not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). In any event, any error regarding the admission of the videotape is harmless (see, People v Crimmins, 36 NY2d 230, 241-242), and the proof adduced at trial supports a finding of attempt even though there is some evidence of consummation (see, People v Shreve, 167 AD2d 698; People v Mendez, 158 AD2d 326, lv denied 76 NY2d 792). Finally, there is no merit to defendant’s contention that the verdict is against [887]*887the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Rape, 1st Degree.) Present — Denman, P. J., Pine, Fallon, Wesley and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant was charged with two counts of rape in the first degree (Penal Law § 130.35 [1]) and two counts of sodomy in the first degree (Penal Law § 130.50 [1]). He was found guilty, following a bench trial, of two counts of attempted rape in the first degree and two counts of attempted sodomy in the first degree. He contends that County Court erred in admitting a videotape and in considering the lesser included offenses of attempted rape and attempted sodomy. Those issues are not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). In any event, any error regarding the admission of the videotape is harmless (see, People v Crimmins, 36 NY2d 230, 241-242), and the proof adduced at trial supports a finding of attempt even though there is some evidence of consummation (see, People v Shreve, 167 AD2d 698; People v Mendez, 158 AD2d 326, lv denied 76 NY2d 792). Finally, there is no merit to defendant’s contention that the verdict is against [887]*887the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Rape, 1st Degree.) Present — Denman, P. J., Pine, Fallon, Wesley and Balio, JJ.

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Bluebook (online)

227 A.D.2d 886, 643 N.Y.S.2d 443, 1996 N.Y. App. Div. LEXIS 6772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reglus-nyappdiv-1996.

Opinion

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