PEOPLE v. GREEN (1997)

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered November 17, 1993, convicting defendant, after a jury trial, of rape in the first and third degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 81/212 to 17 years and 2 to 4 years, respectively, unanimously affirmed.

 Defendant's guilt was proved beyond a reasonable doubt and the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Where the complainant's testimony was consistent with slight penetration, “the absence of conclusive medical corroboration does not negate the credible evidence furnished by the child victim” (People v. Collins, 166 A.D.2d 270, 271, 564 N.Y.S.2d 304, lv denied 76 N.Y.2d 1020, 565 N.Y.S.2d 770, 566 N.E.2d 1175).

 Defendant's contention regarding the admissibility of testimony by the People's child sexual abuse expert is unpreserved for appellate review (see, People v. Smith, 202 A.D.2d 366, 610 N.Y.S.2d 190), and we decline to review it in the interest of justice.   Were we to review it, we would find that the expert's testimony was admissible “to establish how a child could be raped without suffering physical injury and was not offered to prove that the victim was raped” (id.).   Defendant's remaining contentions are without merit.

MEMORANDUM DECISION.