People v. Garner

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the third degree (Penal Law § 130.25 [2]) and endangering the welfare of a child (Penal Law § 260.10). Defendant was acquitted of, inter alia, four other charges of rape in the third degree. The conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Because of the inconsistent testimony of the victim concerning the dates of the incidents forming the basis of the other…