People v Patterson
2020 NY Slip Op 06649 [188 AD3d 1673]
November 13, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2020


[*1]
 The People of the State of New York, Respondent,
v
Jordan R. Patterson, Appellant.

Lindsey M. Pieper, Rochester, for defendant-appellant.

Caroline A. Wojtaszek, District Attorney, Lockport (Laura T. Jordan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered November 7, 2019. The judgment convicted defendant upon a jury verdict of rape in the second degree (eight counts), criminal sexual act in the second degree (two counts) and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, rape in the second degree (Penal Law § 130.30 [1]). We reject defendant's contention that Supreme Court deprived him of his right to present a defense by limiting his cross-examination of a sexual assault nurse examiner and a forensic chemist. Even assuming, arguendo, that the court erred in limiting the cross-examination of those witnesses, we conclude that defendant was not deprived of his right to present a defense (see generally Chambers v Mississippi, 410 US 284, 302 [1973]). Contrary to defendant's further contention, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]) and according deference to the jury's credibility determinations (see People v Romero, 7 NY3d 633, 644 [2006]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Defendant failed to preserve his remaining contentions for our review, and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.