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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 554 (N.Y. App. Div. 1993)

Opinion

June 1, 1993

Appeal from the County Court, Westchester County (Cowhey, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, corroboration of the sworn testimony of the 11-year-old victim was not required (see, People v. Fuller, 50 N.Y.2d 628; CPL 60.20; Penal Law § 130.16). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Contrary to the defendant's further contention, evidence of the victim's sexual history was irrelevant to the issues at hand and had no bearing on the issue of the defendant's guilt or innocence (see, CPL 60.42; People v. Garcia, 186 A.D.2d 221; People v Swain, 171 A.D.2d 765, see generally, People v. Williams, 81 N.Y.2d 303).

We have reviewed the defendant's remaining contention and find it to be without merit. Bracken, J.P., Balletta, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 554 (N.Y. App. Div. 1993)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANIBAL GARCIA…

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

Date published: Jun 1, 1993

Citations

194 A.D.2d 554 (N.Y. App. Div. 1993)
598 N.Y.S.2d 572

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