People v. Gillis

— Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered March 20,1978, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. In a one count indictment, the defendant was charged with the crime of rape in the first degree. The decision to prosecute him for this crime (Penal Law, § 130.35) rather than for sexual misconduct (Penal Law, § 130.20) did not deny the defendant equal protection of the law (see People v Vicaretti, 54 AD2d 236; People v Eboli, 34 NY2d 281). Further, there was no error in the court’s…