PEOPLE v. BARTELL (2023)

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered June 19, 2018, convicting defendant, after a nonjury trial, of predatory sexual assault against a child, rape in the first degree, rape in the second degree, sexual abuse in the first degree, and endangering the welfare of a child, and sentencing him to an aggregate term of 40 years to life, unanimously affirmed.

The verdict convicting defendant of predatory sexual assault against a child and rape in the first degree was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]).  The victim's testimony established numerous sex acts, including several acts of sexual intercourse;  it also established that she was sleeping and physically helpless during the incident on May 30, 2016, to support the conviction of rape in the first degree (see Penal Law §§ 130.00[7], 130.35[2], 130.75[1][b], 130.96;  see also People v. Santos, 176 A.D.3d 611, 612, 109 N.Y.S.3d 634 [1st Dept. 2019], lv denied 35 N.Y.3d 901, 2020 WL 1527320 [2020]).  The victim's testimony was corroborated by, among other things, the testimony of her mother and grandmother, several prior attempted disclosures of the abuse, and defendant's own admissions and text messages.  The court was best able to observe and assess the victim's demeanor and credibility, and there is support in the record for its determinations (see People v. Lane, 7 N.Y.3d 888, 890, 826 N.Y.S.2d 599, 860 N.E.2d 61 [2006];  see People v. Watts, 173 A.D.3d 576, 104 N.Y.S.3d 619 [1st Dept. 2019], lv denied 34 N.Y.3d 939, 109 N.Y.S.3d 736, 133 N.E.3d 440 [2019]).

We perceive no basis for reducing the sentence.