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PEOPLE v. RODRIGUEZ

Appellate Division of the Supreme Court of New York, Second Department.
Mar 12, 2001
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DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the unsworn testimony of the victim was sufficiently corroborated by testimony of the victim's mother regarding the victim's statements after he was sexually abused by the defendant, the medical testimony concerning the physical evidence of the abuse, and the defendant's own statements to the police (see, People v. Thomas, 267 A.D.2d 949; People v. White, 237 A.D.2d 931)

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).