Judgment unanimously affirmed. Memorandum: Given the complainant's identification and defendant's statements to the police, the evidence of defendant's attempted rape in the first degree was legally and factually sufficient (see, People v. Pereau, 64 N.Y.2d 1055; People v. Urso, 132 A.D.2d 769, 771, lv denied 70 N.Y.2d 755; People v. Wheeler, 109 A.D.2d 169, 172, affd 67 N.Y.2d 960). The trial court was not obligated to charge on circumstantial evidence because the People's proof also consisted of direct evidence (see, People v. Ruiz, 52 N.Y.2d 929; People v. Barnes, 50 N.Y.2d 375, 379-380). Defendant's sentence was less than the maximum and is not excessive given the nature and circumstances of the crimes he committed. We have reviewed the other issue raised by defendant and find it to be without merit.