People v. James

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered October 30, 1991, convicting him of burglary in the second degree, rape in the first degree (two counts), reckless endangerment in the second degree and attempted assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was convicted of the rape and assault of his former wife. Although the defendant was arrested in his home without a warrant, his consent to the entry of the police vitiated any violation of the rule of Payton v…