People v. Galarza

Judgment, Supreme Court, New York County (James Yates, J.), rendered December 16, 1992, convicting defendant, after a jury trial, of rape in the first degree, criminal possession of a weapon in the third degree (two counts), and assault in the third degree, and sentencing him to concurrent prison terms of 6 to 12 years, 2 to 4 years, 2 to 4 years and 1 year, respectively, and conditionally dismissed a criminal mischief count, unanimously affirmed.

Defendant’s claim that the trial court’s "two inference” charge diluted the People’s burden of proof is unpreserved for appellate review as a matter…