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People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1002 (N.Y. App. Div. 1986)

Summary

finding that, where defendant was convicted of "three counts of first degree sodomy [Penal Law § 130.50(1)] and one count of endangering the welfare of a child [Penal Law § 260.10(1)], defendant's . . . claim[] . . . that the evidence was insufficient because the testimony of the victims was not corroborated . . . [ha]s no merit. . . . Corroboration was not required because the convictions were based upon defendant's forcible compulsion and not upon the circumstance that the victims' lack of consent resulted from incapacity to consent because of their ages."

Summary of this case from Howard v. Potter

Opinion

November 10, 1986

Appeal from the Oneida County Court, Buckley, J.

Present — Doerr, J.P., Denman, Green, Pine and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction for three counts of first degree sodomy (Penal Law § 130.50) and one count of endangering the welfare of a child (Penal Law § 260.10), defendant's primary claims are that the evidence was insufficient because the testimony of the victims was not corroborated and that the trial court erred in its Sandoval ruling (see, People v Sandoval, 34 N.Y.2d 371). There is no merit to either claim. Corroboration was not required because the convictions were based upon defendant's forcible compulsion and not upon the circumstance that the victims' lack of consent resulted from incapacity to consent because of their ages (see, Penal Law § 130.16, 260.11 Penal). In making its Sandoval ruling the court properly balanced the probative value of the prior convictions with the potential for prejudice (People v Sandoval, supra, p 375). We have considered the other claims raised by defendant and find them to be without merit.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1002 (N.Y. App. Div. 1986)

finding that, where defendant was convicted of "three counts of first degree sodomy [Penal Law § 130.50(1)] and one count of endangering the welfare of a child [Penal Law § 260.10(1)], defendant's . . . claim[] . . . that the evidence was insufficient because the testimony of the victims was not corroborated . . . [ha]s no merit. . . . Corroboration was not required because the convictions were based upon defendant's forcible compulsion and not upon the circumstance that the victims' lack of consent resulted from incapacity to consent because of their ages."

Summary of this case from Howard v. Potter
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT TAYLOR…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 10, 1986

Citations

124 A.D.2d 1002 (N.Y. App. Div. 1986)

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Howard v. Potter

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