People v. Rawlinson

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of three counts of rape in the first degree (Penal Law § 130.35 [1], [3]) and one count of rape in the second degree (Penal Law § 130.30). The testimony of the victim was not improperly bolstered; rather, the People adduced admissible evidence of her prompt complaints (see, People v McDaniel, 81 NY2d 10 , 16-17; People v Kornowski, 178 AD2d 984 , 985, lv denied 89 NY2d 1096 ; see also, People v Kirkey, 248 AD2d 979 , 980, lv denied 92 NY2d 900 ), which did not contain unnecessary or impermissible details (see, People v Aybinder, 215 AD2d 181 , 181-182, lv denied 86 NY2d 840 ; cf., People v Rice, 75 NY2d 929 , 931-932). Moreover, the record supports the conclusion that each complaint was made at “ ‘the first suitable opportunity’ ” (People v McDaniel, supra, at 17 ; see, People v Kornowski, supra, at 984-985 ).

The People concede that the sentence is illegal insofar as it imposes a term of incarceration of 3V2 to 7 years for rape in the second degree (see, Penal Law § 70.00 [3] [b]; [4]). We therefore modify the judgment by reducing the sentence imposed on the count of rape in the second degree to a term of incarceration of 2V3 to 7 years (see, e.g., People v Wingate, 225 AD2d 1085 , lv denied 88 NY2d 970 ; People v Lozado, 180 AD2d 410 , 411).

We have considered the contentions raised in defendant’s pro se supplemental brief and conclude that they are without merit. (Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Rape, 1st Degree.) Present — Pigott, Jr., P. J., Green, Hayes, Scudder and Kehoe, JJ.