PEOPLE v. GUPTON

Judgment unanimously affirmed.

Memorandum:

Defendant was convicted following a bench trial of two counts of endangering the welfare of a child (Penal Law § 260.10). Her sole contention on appeal is that Supreme Court erred in admitting prior consistent statements of the infant victim ( see generally, People v. McDaniel, 81 N.Y.2d 10, 16; People v. McClean, 69 N.Y.2d 426, 428). Although defendant preserved that contention for our review by a timely objection, this was a bench trial, and the Trial Judge is presumed to have considered only competent evidence in reaching the verdict ( see, People v. Clinkscales, 277 A.D.2d 930 [decided Nov. 13, 2000]; People v. Limpert, 186 A.D.2d 1005, lv denied 81 N.Y.2d 764; People v. Livingston, 184 A.D.2d 529, 530; People v. Mann, 172 A.D.2d 1010, 1010-1011, lv denied 78 N.Y.2d 969). There is no basis in this record to conclude that the court did otherwise ( see, People v Clinkscales, supra; People v. Concepcion, 266 A.D.2d 227, lv denied 94 N.Y.2d 917).