People v. Daniels

—Judgment unanimously affirmed. Memorandum: The verdict convicting defendant of rape in the first degree is supported by sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). County Court did not err in refusing to charge sexual abuse in the first degree as a lesser included offense of rape in the first degree, inasmuch as the former requires proof of sexual gratification, but the latter

*1066does not (see, People v Szarka, 163 AD2d 758, 759, lv denied 76 NY2d 944). Nor did the court err in refusing defendant’s request to charge attempted rape…