People v. Johnson

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), rendered December 1, 1983, convicting him of attempted rape in the first degree and attempted rape in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The proof adduced at trial established beyond a reasonable doubt that on May 4, 1982, at approximately 7:30 a.m., the defendant, who was well known to the 11-year-old victim, went into the victim’s bedroom, hit her with a belt and attempted to rape her. The defendant wiped his penis on the victim’s…