PEOPLE v. VAZQUEZ


61 A.D.3d 596 (2009)

878 N.Y.S.2d 692

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORGADO VAZQUEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2009.


Defendant's challenge to the legal sufficiency of the evidence supporting the first-degree rape convictions is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. There is no basis for disturbing the jury's determinations concerning credibility. The victim's testimony established all the elements of the offense, including penetration (see e.g. People v Collins...

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