People v. Van Dyke

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered May 12, 1992, convicting defendant, after a jury trial, of four counts of rape in the first degree, three counts of sodomy in the first degree, and kidnapping in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years on each count, unanimously affirmed.

There is no merit to defendant’s contention that the prosecutor’s response to a grand juror’s question as to whether there was physical evidence of rape—"that that should not concern you at this time * * * [and] will be…