People v. Armendariz

• Decision Date: 22 December 2017
• Docket Number: KA 16–00440,1271
• Citation: 156 A.D.3d 1383,65 N.Y.S.3d 864 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Ramiro ARMENDARIZ, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

156 A.D.3d 1383
65 N.Y.S.3d 864 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Ramiro ARMENDARIZ, Defendant–Appellant.

1271
KA 16–00440

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

Entered: December 22, 2017

JOSHUA P. BANNISTER, HERKIMER, FOR DEFENDANT–APPELLANT.

CHRISTOPHER BOKELMAN, ACTING DISTRICT ATTORNEY, LYONS (JACQUELINE MCCORMICK OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

156 A.D.3d 1383

Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the third degree ( Penal Law § 130.25[2] ) and endangering the welfare of a child (§ 260.10[1] ). The conviction is supported by legally sufficient evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ) and, when the evidence is viewed in light of the elements of the crimes as charged to the jury, the verdict is not against the weight of the evidence (see generally People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Contrary to defendant's contention, his "statement of his [date of birth] given to a police officer who elicited pedigree information" constitutes legally sufficient evidence that defendant was over 21 years old when he engaged in sexual intercourse with the 16–year–old victim ( People v. White, 149 A.D.2d 939, 939, 540 N.Y.S.2d 72 [4th Dept. 1989], lv denied 74 N.Y.2d 821, 546 N.Y.S.2d 579, 545 N.E.2d 893 [1989] ; see generally People v. Perryman, 178 A.D.2d 916, 917, 578 N.Y.S.2d 785 [4th Dept. 1991], lv denied 79 N.Y.2d 1005, 584 N.Y.S.2d 460, 594 N.E.2d 954 [1992] ). Contrary to defendant's further contention, the victim's functionally interchangeable descriptions of the length of her sexual encounter with defendant are not internally inconsistent, and they do not persuade us that the verdict is against the weight of the evidence.

Defendant received effective assistance of counsel (see generally People v. Clark, 28 N.Y.3d 556, 562–563, 69...