People v. Daily

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered July 12, 1994, convicting defendant, after a jury trial, of rape in the first degree and burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 71/2 to 15 years and 31/2 to 7 years, respectively, unanimously affirmed.

Defendant’s guilt was based on legally sufficient evidence and was not against the weight of the evidence. The complainant’s testimony, credited by the jury, that defendant, a longtime friend of the complainant’s brother, arrived at her apartment, forced his way into…