PEOPLE v. HENGEVELD

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Raymond HENGEVELD, appellant.

Decided: November 30, 1998

COPERTINO, J.P., SULLIVAN, KRAUSMAN and FLORIO, JJ. Matthew Muraskin, Hempstead, N.Y. (Kent V. Moston, Victor Levy, Judah Serfaty, and Karen Baldwin Kravetz of counsel), for appellant. Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Denise Pavlides, and Nell Mallen of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered September 15, 1997, convicting him of rape in the third degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress identification testimony and physical evidence.

ORDERED that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 450.60(5).

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.   Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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