People v. White

— Judgment unanimously affirmed. Memorandum: Defendant’s sole contention on appeal is that his conviction of two counts of sodomy in the third degree is not supported by legally sufficient evidence that defendant was "twenty-one years old or more” (Penal Law § 130.40 [2]) when he engaged in deviate sexual intercourse with his 16-year-old daughter. We disagree. Contrary to defendant’s claim, the trial court properly admitted the testimony regarding his age given by his two teen-age daughters (see, People v Patterson, 149 AD2d 966; Richardson, Evidence, §§ 361, 364 et seq. [Prince 10th ed]; 58…