People v. Herminio D.

Judgment, Supreme *59Court, Bronx County (Harold Silverman, J.), rendered June 26, 1997, convicting defendant, after a jury trial, of rape in the first degree (two counts) and sodomy in the first degree (two counts), and sentencing him to four concurrent terms of 7 to 21 years, unanimously affirmed.

Defendant was not deprived of a fair trial by the fact that evidence was presented in support of a charge of endangering the welfare of a child that the court subsequently decided not to submit to the jury. This charge was brought in good faith and properly consolidated for trial with the indictment…