People v. Atkinson

Appeals by the defendant (1) from a judgment of the County Court, Suffolk County (Weber, J.), rendered June 21, 1996, convicting him of rape in the first degree (two counts), and endangering the welfare of a child, after a nonjury trial, and imposing sentence, and (2), by permission, from an order of the same court dated July 29, 1997, denying the defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction.

Ordered that the judgment and the order are affirmed.

The defendant’s contention that the evidence was insufficient to establish that he raped his eight-year-old niece is…