People v. McHerrin

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered November 19, 2003. The judgment convicted defendant, upon a jury verdict, of rape in the first degree (two counts) and sexual abuse in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of rape in the first degree (Penal Law § 130.35 [1], [4]) and a single count of sexual abuse in the first degree (§ 130.65 [1]). We reject the contention of defendant…