People v. Graham

Judgment unanimously affirmed. Memorandum: Given the complainant’s identification and defendant’s statements to the police, the evidence of defendant’s attempted rape in the first degree was legally and *980factually sufficient (see, People v Pereau, 64 NY2d 1055; People v Urso, 132 AD2d 769, 771, lv denied 70 NY2d 755; People v Wheeler, 109 AD2d 169, 172, affd 67 NY2d 960). The trial court was not obligated to charge on circumstantial evidence because the People’s proof also consisted of direct evidence (see, People v Ruiz, 52 NY2d 929; People v Barnes, 50 NY2d 375, 379-380). Defendant’s…