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PEOPLE v. HENRY

59 A.D.3d 461 (2009)

872 N.Y.S.2d 536

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARION HENRY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 3, 2009.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of the crime of rape in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484, 492-493 [2008]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 N.Y.2d 620<...

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