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PEOPLE v. WILLARD

38 A.D.3d 924 (2007)

832 N.Y.S.2d 294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER WILLARD, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 27, 2007.

Ordered that the amended judgment and the judgment are affirmed.

The defendant contends that there was legally insufficient evidence to convict him of rape in the first degree because the People failed to establish that the complainant was physically helpless, an element of that crime (see Penal Law § 130.35 [2]). Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution (see People v Contes,

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