People v. Justice

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts each of rape in the third degree (Penal Law § 130.25 [2], [3]) and criminal sexual act in the third degree (§ 130.40 [2], [3]). We reject defendant’s contention that the evidence is legally insufficient to support the conviction with respect to the second and fourth counts of the indictment (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Those counts charge defendant with rape in the third degree and criminal sexual act in the third degree for engaging in vaginal and anal intercourse…