People v. Rising

Judgment unani*1070mously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant was convicted following a jury trial of two counts of sexual abuse in the first degree (Penal Law § 130.65 [3]) and one count each of sodomy in the first degree (Penal Law § 130.50 [3]) and endangering the welfare of a child (Penal Law § 260.10 [1]). Defendant did not preserve for our review his contention that County Court erred in permitting a physician to testify based on his review of hospital records that were not admitted in…